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ESCAPES GALLOWS BY
NARROW MARGIN
When the case was called on Wednesday,
March 16th, both sides announced
ready Jor trial. A conference was
then held between the attorneys and
witnesses on both sides, court being
adjourned for that afternoon for the
purpose. Tho following day the task
of securing a jury was undertaken.
In the test of the regular panel it was
soon found that a special venire would
be necessary, as only two men were
left from the twelve of the regular
panel. Judge Gordon then ordered a
special venire of one hundred men.
This number was summoned from the
extreme eastern section of the county,
and were in the court room early the
following day.
One' after another of the first venire
were turned down, and before the jury
panel had been finished, both the Com-
monwealth and defense had exhausted
their challenges. Only eight jurymen
were secured from this venire and it
was necessary to order the second venire
of men. The jury was
not completed until Saturday at noon.
The taking of evidence began Saturday
aftornoon and the Commonwealth did
not rest until Tuesday afternoon of
last week, hearing forty nine witnesses
in chief, and a number in rebuttal.
The intense interest in the rase,
which was one of the mnt attroccious
murders ever occurrine in county, was
shown by the engernes of the crowds
here from the start to hear every word
of the evidence. The court room was
packed from the calling of the case
throughout. Long before the calling
of court each day every seat in the
court room had been taken and until
Judge Gordon ruled the door be closed
, when the seats were filled, theisle and
all available standing room was filled.
The first witness called was Dr. Jesse
Moore, who jnade an examination of
the body of the murdered man after it
had been taken from the bandoned cistern,
where it hnd been thrown by the
murderer. Dr. Moore told the jury
how he believed the murder had been
committed. He said in substance that
a blow on the forehead of the dead man
was sufficient to cause his death, and
that he heleived the two woundR in the
top of the had was caused after the
body was stiffened. He said that the
wounds could have been caused by the
forked end of the pole alleged to have
used by 'he murderer in carrying the
body to the cistern. Dr. Moore was
shown a lpyer from a binder, and was
asked if the injury that caused death
could have been inflicted with it. He
replied thit it could, and stated that
the nature of injury on the forehead
indicated that the weapon exhibited to
hirn had been used, as the flesh was
grained and that the bruise appeared
to be about as wide as the lever.
James E. Sullenger followed Dr.
Moroe on the stand. A Mat of th
scene of the killing wai bjore the jury
and witnesses, and this jflat had been
from a survey and measurement made
bv Mr. Sullenger. His appearance he-fore
the jury was simply to explain the
plat.
The next witness was Joe Johnson,
postmaster at LoM. Mr. Johnson's
testimony was mainly regarding the
mailing of a letter in his office. He
said that Ernest Slayden ad mailed a
letter at Lola on or about May 11th.
following the murder in April, 190?,
and that the letter was addressed to a
woman in St. Louis a woman addressed
as Mrs. Mabel S'aden. He was
shown the letter and identified it as the
WHEN YOU
ERNEST
(Continued From Page One.)
one he saw Slayden mail.
W. B. Jennings, Jailer of Henderson
1 cnuntv. followed Mr. Jonnson. Mr.
Jennings had been summoned here by
the Commonwealth to testify regarding
an attempt of prisoners confined in his
charge to break jail. He said that
while Ernest Slayden was confined in the
jail there an attempt was made by several
of the prisoners to saw out. He
stated that he caught one of them using
a saw in a vacant cell, and that he believed
Ernest Slayden knew of the plot,
as hfc had access to the cell and could
have known it. He said Slayden did
not notify him. He also stated that
John Boley, now in the Eddyville penitentiary
for housebreaking, had told
him (Jennings) while on the wav to
the penitentiary, that Ernest Slayden
told him (Boley) that he had killed
James Sullenger to gcthis estate. The
' Commonwealth then had Boley brought
to Marion, and Boley denied any recollection
of having told Jennings anything
about Slayden. He said he wns
drunk the day he was taken to the penitentiary,
and did not remember what
he said.
He said if he did make such a state
ment to Jennings it was false. When
Mr. Jennings was recalled he reiterated ;
his original statement and denied that
Boley was drunk.
Mrs Harriet Sullenger, widow of the
murdered man, was the next witness.
She was kept on the stand about forty
minutes, and told of how her husband
left on the morning of tho day he was
killed to go to a man named Wright's i
to purchase a cow, and how, when he
failed to return home at his usual time
on the night of the killing, they had discussed
it at the .supper tabic. She said
in substance, that while they were eating
supper some one remarked that Mr.
Sullenger was a little late returning.
She said that Ernest Slayden was the
only man at the house, and that he did
not eat much supper, but arose from
the table before any other member of
the family; that he left tho kitchen
and went out, and that she did not see
him again that night. She thought she
heard his voice on the front porch and
afterward in the room occupied by
Slayden and his wife. She said she
read a St. Louis paper until about eight
o'clock when she retired, She said she
prepared a lunch for her husband and
left it on the kitchen table. She said
she was not much uneasy about her
husband when she retired, believing that
he had remained at the home of his
on in Livingston county.
Contineuing Mrs. Sullenger said that
her sleep was slightly disturbed during
the night. She thought she was dream.
inr and heard Mr. Sullenger walking j
about the house, and that she thought
4c heard somebody "knocking on ,
boards."
The -following morning was taken up
by Mrs. Sullenger . She told the jury
that when she awoke and found that
Mr. Sullenger had not come in she was
not disturbed, but was convinced he
had spent the night with some of his
children. She said she went about her
household duties, going to the kitchen
to prepare brcskfast. She was the
first t o arise. She was paeparing
breakfast when Osie Slayden, wife of
the defendant, entered the kitchen and
took a pair of Slayden's pants his
"Sunday" pants, from a nail on the
wall. She said tb at Osie then turned
to her and asked if Mr. Sullenger had
returned. Being answered in the negative
she said that Osie then went back
LEAVE HOME
TO BUY WW
some inferior preparation, talk
good" kind, which so often proves
WALK ON 7? KIND
when exposed to sunlight.
all others.
FURNITURE, AND ALL OTHER
all natural wood colors.
SALE BY
Walker.
If DETERMINED
Don't let the dealer who handles
you into buying that "just as
unsatisfactory. Insist on having
the MADE TO
The kind that won't fade
The kind with that
Finish that outshines and outwears
It's for FLOORS,
WOODWORK, in
FOR
m ' ve &
SLAYDEN GIVEN LIFE SENTENCE.
into the bedroom. Soon afterward,
Mrs. Slayden stated, Ernest Slayden
ent rted the kitchen attired in his best
clothing, and asked her if she did not
want him to go and see about Mr. Sul
lenger. She said she told him she did
not like to be sending for anyone unless
sue hnd some reason to believe there
was something wrong. She said that
Ernest insisted that something was
wrong, and that he would go and sec.
She said that after breakfast Ernest
went to the barn and got a bay mare
and went off toward John Sullenger's
store, saving that he would go to John
Sullenger's and see if James Sullenger
had not telephoned there. She said he
was gone a short while nnd returned,
telling her that he had found Mr.
horse hitched at the school
house, and'hnd found his umbrella near
the horse. See said Ernest advised her
to go up and look about the school
house, and ho would go over to
store. She said he was still riding
the bay mare. Ho again rodcaway
while du nnd other members of the
family wont up to tho school house,
where they found the horse ridden the
day before by Mr. Sullengor. She
said she looked about the school house
and the old cistern, and that it was cov
ered. She said there had been a small
opening over the cistern which had not
been covered for years until that morning,
nnd that she noticed it had been
covered up. Mrs. Sullenger then told
of the senrch for her husband, about
having his money about her waist,
nbout his property holding, etc., which
facts are well known. She said she
did not know whether Ernest Slayden
knew she carried the money or not,
but admitted that her daughters knew
she had it.
In substance, William Tharpe told of
the search and the discover of the telltale
blood on the mouth of the cistern,
and the subsequent events after the
work of drawing the water from the
cistern was begun. He said tha. he
heard Ernest Slayden say, before iLwas
known that Sullenger's body was in the
cistern, "now gentlemen, if he is in
there, and has got his money, we'll
know hb done it himself." Tharpe
said he heard Slayden say, after the
body was drawn up, the head showing
the ghastly wounds, "now if he's got
his money, he done it himself."
The next witness Carl Monroe, told
of going down in the cistern and placing
the rope about the dead body, and
of overhearing Slayden talk of the suicide
theory. He corroborated Tharpe
and others as to Slayden 'a insisting
that if James Sullenger still had his
money he had committed suicide. He
corrobarated other witnesses who said
th,lt Slayden looked into the cistern
before the body of Sullenger could be
distinguished, and said, "boys that's
him and he's got a rope around his
neck."
Ed Large told of hearing Slayden talk
of the suicide theory, and said that
Slayden had insisted that Sullengor had
committed suicide, because he had his
money on him when searched.
Ellis Kline was another who corroborated
other witnesss as to Slayden's insistence
of his snicide theory.
Allie Porter also said he had heard
Slayden say, if he has got his money
he killed himself.
William Monroe said he was discussing
the case after the body had been
taken from the cistern and did not
know Ernest was in hearing. lie said
that Ernest interrupted him and said:
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"The reason I think he done it himself
is that the hickory I cut for him to rid
with was sitting at the gate by his umbrella."
Monroe said he replied:
"Killed himself, the mischief how
could a man, beat his head all up, tie
himself to a pole, carry himself to a
cistern, get in and cover up tho cistern
again.', Monroe said Slayden then
turned and walked nway.
Edward Watson was another that
told of hearing Slayden talk about suicide
after it was shown to be an impossibility
that the dead man had killed
himself.
t
Jesse Porter, one of the most important
witnesses for the Commonwealth
was the next on the stnnd, Mr. Porter
told the jury of overhearing numerous
references to the suicide theory by
Earnest Slayden; of seeing and hearing
Slnyden before the body wns drawn up
nnd nftorwnrd. He said tint Slayden
turned pale and emitted a shocked
expression when the body was brought
to view from the the cistern. He said
that he heard Slayden say, before the
body was drawn out; "Boy's if he's
in there, end has got his money we'll
know he done it himself." He said
that after the body was drawn up he
was delegated to search the pockets.
He did search the dead man anil found
his purse in the right hand hip Docket.
He said the purse contained about sixty
dollars; that it was in a xokot
where Mr. Sullenger was never known
before to carry it; that though it was
a long, soft purse, such as would have
settled down to the bottom of the pocket,
it was stretched full length in the
pocket and hnd every indication of having
been placed there after the man
wns dead.
Mr. Porter saiil that whn it was
found that th" money was still in the
Docket book, he henrd Slayden sav:
"Now hoy, vou sec ho!s got his money
and he done it himself." Mr. Porter
tnM of various incidents brought out by
other witncMos.
JiiniM Wntson wnathe next witnee.
Wa'win had once lieen employed hi
hand by the murdered man and wis
familiar with his premise. He wns
placed on the stnnd for the purpose of
identifving the pole found under tie
school houe. nnd which hnd evidently
been used bv the murderers to enrrv
the body. Watson told the jury he had
thrashed oats out over a pole in the
barn loft, nnd thnt he believed the jmle
in evidence was the one used. He to'd
how he had taken the jole after the
murder back to the loft and had fitted
it back into the exact spot where it
wns when he used it, nnd how it had
fited the plnce exnctly. His identification
was positive.
Duck Daniel followed Wntson, He
said that on the night Mr. Sullenger
was killed he had seen him on the road
homeward bound, and Mr. Sullenger
was jogging along, in good spirits. He
tell about the time he saw Mr.
nnd said he could have reached his
home in alwut half an hour.
Mr. nnd Mrs. David Funklmuser were
the next witnesses nnd both testified
that they saw Mr. Sullentrer after he
had been seen by McDnniel, nnd that
he was jogging along toward his home.
David Funkhouser also eorroloratcd
witnesses as to hearing Slnyden sav if
Sullenger had his money he had committed
suicide.
Mrs. Funkhousr testified thnt some
time after' the murder she was standing
along the roadside when Krnesr Slav
den nnd his wife pnssed along the road,
and she overheard Slavden sny ho was
going to leave, saying to his wife thn
she could go to his father's home
Fowler Sullenger, a little sonof. John
Sullenger, who Iivp hnlf a nil from
the home of James Sullenger. wns next
called. He told of henrimr some one
pass his home on the Friday night the i
occurred, nnd havintr siid tn Si ,
father; "There goes uncle Jim hom "
He said he did not see his uncle, but
that he had heard his horse travel al'n"
there so many times he believed it wns
him.
John Sullenger, father of Fowl r,
was the nextwitpess. He fully corroborated
his son on thnt point, and aided
that be nlo heard the bnrse and
it was James Sullenger. Mr.
also said that the first time Ernest
Slavdnn visited his store on Sntur
day morninir followintr the murder he
j was riding James SuHcngers sorrel ! e
the horse used by James Sullenger b
day before. He slid thnt Slavden talked
to him about common place matt"""
for awhile, then told him: "The old
mnn didn't get ?n lis neht; have von
heard nnvthinft from him?" Ho sn'd
when he to'd Slavd"n he henrd him pass
the night before goii' home, Slnw'nn
niram snid he had not nwioired. nml
nt he hnd found his horo tnpilin"
hitched a' th" school house. He snid
then asked him to iret him n
sack of tobacco from 'ho stor and
saidr "Well, 1 I hnd hotter ci
back down to the house anil tell tn
the folks 1 found his horse at the school
house." Sullenger n that Slavden
then left and went back toward the
Sullenger home. He said he saw Slay
den a while later, riding the bav horse,
and that he was then accompanied by
Henry Slayden. He said tho two
his house and were going toward
Lola, when they met David Funkhouser
who told them he had met Mr.
goipg horn the day before, and
t -at they then turned nnd went back
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For a
Sprains
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HufTI IV BBBBVBBTt"'"Sr
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JlMHLKatt.
Sloan's Liniment is the best remedy for sprains
and bruises.
It quiets the pain at once, and can be applied to the
tendcrcst part without hurting because it doesn't need
to be nibbed all you have to do is to lay it on
lightly. It is a powerful preparation and penetrates
instantly relieves any inflammation and congestion,
and reduces the swelling.
Sloan's
Liniment
Price, 'J.V., "(., aiitl $i.no.
Dr.EnrlS.Slonn, Boston, ninaS.,
Sluail'a IhhiU on mil. l. I mi!i- win lir.
is an
Ur
tiutuion,
(nun sting
tow aril 'J m . -,i linger !!
he I heii rilliM'i tin-in an'l j net! in ii
search. Hi further ny w ltd
little import ..!. l
Mrr. John t'nrni'l w next iIucmI up i
the stand. Her t'ijrnnny w very
strong on the pimt of proving tht
J a in us Sulleuuoi reached his home or
its near vicinity that night. Mm.
Currel said that she was just preparing
to cImso the house that night and that
she heard a horse moving along the
road; that it traveled like Mr.
horse, and that just as he was
passing the gate she hoard a man clear
his throat. She said she had heard Mr.
Sullenger clear up his throat hundreds
of times and that he had a puculiar
manner of doing so, nnd that she is certain
it was him.
The next witness was Bobt.
a fifteen year old grand-son of the
dead man. His evidence was extremely
damaging to the defendant. He said in
substance, -That he wnt to the supper
table as usuil with other members of a
the family the night of the murder, after
assisting mh till a 1'iad of Iriv from
the school house to the barn in th afternoon.
That he saw Mr. Sullengor
leave his horn" that morning, nnd thn'
he left in good humor and was joking
him. That he sat down to the sunnwr
table tha' niiiht; that Ernest Slnvd' n i
was there; that before anybody vine J jng the tracks of the hoVio ridden by
was through the meal Krnest Slayden ' James Sullenger Mr K.illengcr told
arose from the table and went down the jury he heard Slayden a. regard-the
side steps to the barn. He snid he ing the tracks: "You can't tell any-
saw Slnyden pass the well in the yard
amI R ,lown toward the barn. Bob!
said he (Bob) then wen out on the
front porch, nnd that ('si' Slayden,
3c? veooaci
Announcement,
TCTS TRADE
we have
edtoour new quarters in the Rica Block,
near depot 2nd have added a lot of New
Coods to ouralrcady complcto stock of
DRY GOODS, SHOES
Q and other articles usually carried in a first-
G
O
class up-to-date dry goods store
We arc better prepared than ever to
servo you, having a well lighted store room
complete in every detail. Soliciting your
trade and ,",OTibiilC fait troatmnnt anti
good values for your rr.cnoy as in tho past.
0 We beg to roir.ain,
Q Yourj
5 J. L.
S Fredonia,
J Witch Our Show Windows.
excclliiu antisfpiit and jrerm
cuts, buniN. wounds .iml
and will dr.iu th ' ,! :i
of poisonous ii -
' 'l
Er list's v.fe was o it fiere stinir on
lencb. He s.ud he reman - 'hero
fifteen or twenty minutes waiting for
i a grandfather to come home.
Thai Ernest Slnyden finally topped
upon the otid of the xtrrh to tho
uiirn and sat down on the bei h with
his wife. Thnt they had been rtting
there sometime when he (Bob) told
Krnest Slayden that he was going to
take otr his hoes, and thnt Ernest
ciuld put up Mr. Sullenger's horse
when he came Ho said Ernes replied
to this: "I wouldn't go down there for
a hundred dollars, and you'd tetter not
go." Bob said he then went to bed
and slept nil night. Bob said that the
next morning, he went up to the school
house with Erpest Slnyden and saw
Slayden go anil look down into tho
and then take a plank and place
it over the hole nnd plnce an old plow
beam on the plank.
Bob was afterward recalled and told
of going down to tho barn and securing
piece of rope from a set of gear while
they were dm wing water fritn tho cistern.
All odortA of the defense to
tnngle him was unavailing'
S. S. Sullenger a brother of the murdered
man. was the next witness His
testimony wn mint of a rorrolxirative
nature, hit mtrodtiriong
he aaul he heard Slavden tnuke
thing about thus tract m I rode that
horse uti :he road twice this moihtng "
Mr .iillmgor also testift'il ibat he
(( ontn uliI on eighth page)
Truly,
RAY,
Kentucky.
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