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Crittenden record=press. [volume] (Marion, Ky.) 1907-1909, April 08, 1909, Image 2

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f AGE TWO CRITTENDEN RECORD-PRESS, APRIL 8th. 190
ESCAPES GALLOWS BY
NARROW MARGIN
For the Murder of James Sullenger Jury Out Only Fifty-five Minutes-Trial
Lasted Nine Days-Three Days Spent in Securing
Jury-Two Special Venires Summoned.
HARDEST FOUGHT CASE
(By J. W. Hutchen)
The defense caused Hutchen to
admit that he told Ilobt. Sullenger
that if he insisted on keeping back
what he knew about the case he would
put him in jail. Hutchen said he did
it because he found the boy had knowledge
of facts that would tend to throw
light on the case and refused to tell
what he knew.
The next witness was Mrs. Jen.iie
Morris. She almost positively identified
the pole in eviden e.
There was followed by Mrs. Allie
Sullenger, who was questioned mainly
about remarks she overheard Slayden
make, and her evidence was mainly
cumulative. She was followed by Mrs
William Clark. Mrs. Clark told the racking horse. She said in about The next witness was Frank Miller,
jury that long after the body had been teen or twenty minutes afterward she Miller was brought here by the Corn-taken
from the well, Ernest Slayden hear(j two horses going in the opposite monwealth from the Henderson jail,
tdld her that: Mr, Sullenger would 'direction-one racking and the other He testified that Erdest knew of the
have done that himself. He could , She thought it was plan to escane, and said that Slayden
have made a kied of halter and swung ! nm nn ,. t,n,i nnm tn -i nP had once said, while in inil at Henw.
himself down into the Cistern, then
reached out and covered it up then
took his knife and cut the rope and let
himself fall in. She said he explained
that the wounds in his head might have
been made by the fall into the well.
Albert Travis, jailer of Crittenden
county, told of the visit of the Myere
or McCool woman to the jail. He said
that the woman was in the jail when
Mrs. Siayden entered and that she hid
from her.
Ermine and Bertha Sullenger were
next placed on the stand, They corroborated
their father by saying that
they were about the store on the night
of the murder and that they saw no
horse or horses and rider pass out that
way that night.
Mrs. Alvin Curncl was the next witness.
She corro crated other witnesses
regarding remarks said to have bien
made by Slayden regarding the fuicide
theory.
Henry Sullenger was the next witness.
He said that he heard Krnest
Slayden talking about suicide.. He
told of having a pair of plow lines at
his home, and said that one of them
was of one size and the other of another.
He said he believed the ropes
found in the cistern were of two sizes.
Sam Sullenger, Jr , Dee Sullenger,
James Hudson, Sam Curnel were all
corroberative as to statements alleged
to have been made by Slayden about
suicide, etc. Following these Amanda
May, an old negroess. was placed on
the stand. She lomiberated other
witnesses who had testified that they
heard horses passing to and fro on the
road b tween James Sullenger's home
ppd Lola the night of the murder,
.lsse Purler had said that on the night
of tie killing re had heard a horse,
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'
FOB SALE BY
Olive &
SLAYDEN GIVEN LIFE SENTENCE
IN CRITTENDEN CIRCUIT
ERNEST
(Continued From Last Week)
traveling very rapidly, pass his home
going toward Lola.
Aunt Mariah May told the jury she
was awake late that night and that she
heard a norse go into Lola very late,
and later heard a horae, or two horsed
leave Lola and go back toward James
Sullenger's home. She was corroborated
bv Amanda May. another negroess
The latter stated that she heard a
horse iro into Lola but did not hear
one leave there that night.
Mrs. Kob't Parish, of Lola, was the
next witness. She said her mother was
ill that night, and that she had occasion
to be awake. She said that sometime
about midnight she heard a horse Dass
ihereoinir toward Lola -that it was a
riaviV She a;i!H snmtimo tnwarH
morning she heard another horse pass
going toward Lola, and that it was
short-loping. then go to Canada where that "feller
t
Anderson P pe was then placed on that committed rape went."
the the stand, Ho was asked if thej The defense then placed Erqest Slay-horse
belonging to Henry Slayden, at den on the stand. He was questioned
Lola, is a He replied that f" nearly an hour by his attorneys, he
it was -that he had been riding all the making denial of numerous statements
day before with Henry Slayden, and attribited to him by the Commonwealth
that the horse's short-loping gait was wittnesses, and admitting others. He
the best it had under the saddle. j denied the conversation said to have
Dr W C Davis the next placed on the ' been overheard bv Hutchen in the Gill
stand. His evidence was regarding House. On cross-examination he made
certain cases statements he had a good witness for himself,
heard and was not considered of im- When court adjourned Tucdav
ing Slayden was still on the stand, and
Peter Sullenger, the oldest son of was recalled Wedneseay morning.
James p. Sullenger, was the last wit- At the forenoon seFsfon, Slavden
in chief for the-Commonwealth, mitted writing the letters to the MoCool
His tntemont, which were not corroborated
by other witnesses, as to one
noint, we-e damaging to the defendant
He.snid that Ernest Slavden iold him.
on Saturday after the murder, that he (
(KrnAst Slavden) had thought he heard
Mr Sullenger eomo hom e that night,
nd that he had gotten up from the
rnpner tnbl and irnne down to the lot
That when he reached there or before
he renrhed the lot he thought he hrnrd
the chain rattle at the gate, but that
when he got down there he saw no one.
Peter said Slnvdcn told him he then
turned out the cows and wont back to
the house. I
After a conference of half an hour,
tve defense began the taking of evidence.
-John W. Hutchen was recalled
by the defense and questioned regarding
statements to the efTect that the
defendant was innocent. Hutchen
reiterate 1 his original statement, saying
he had made such statements, but
that he did it to keep down a mob.
IT'S
Walker,,
COURT FOR MANY YEARS.
The court ruled that the question was
irrelavant, but the con monwealthmndc
no objection and he wa3 permitted to
answer.
The next witness wns John Bolev,
a crnvict serving a term in the
penitentiary for house breaking,
sent up from Henderson county. Holey
had been brought here by the Common-
, wealth, but had been held by the
fenso He was asked regarding a
, statement to Jailer Jennings that
Slayden had told him he killed
for his eMato, Imt he denied it.
He said if he said it to Jennings it was
"ntrue. When asked if Slayden, while
j 'n Ja'l a Henderson, had joined in a
plan to escape, Holey said he had not.
Son. that he intended tn cref nut- rn
down to his mother's at Lola and stay
in the attic a few days; tnat he would
woman at St. Louis When nsked wbv
he had written to her he said he did
not know of nrivthing ele to sav He
was asked bv Mr. Grnyot to rend the
letter in evidence, and replied that h
did not want to read it. He was forced
by the cMirt to read it, however, which
he did. In the letter Slayden spoke
to her in endearing terms, telling her
that he till loved her and apologized
for not writing oftener. He told her
he could hardly wait until July fourth
to visit her: that if he had the rroney
ho would go to see her and remain a
week. He asked her in two places to
send him her room address, using a
post-script to make the last request.
Slavden admitted many of the conversations
alleged by tno Commonwealth
witnesses, but denied that he
made certain statements during these
coversatious. He was asked by Mr.
Grayot about the rcpe found in the cistern.
He admitted that the rope in
evidence was that taken from the
jSnh k
i i mil i
tern, all but one piece a bridle rain,
which Mr. Grayot asked him find among
the rope. He stopped down from the
stand and searched among the rope, '
finally singling out the pie:e, which he.
denied was with the rope in the cistern
Slayden said he did not go down to
the barn after supper on the night of
the murder. He said that he and Bob(
turned the cows out before dark- that
he opened the gate and that Bob drove
them out of the lot. He said he left
the dining room-or kitchen after sup-
per and went to the well and drew a
bucket of water, after which he went
directly to the front and sat down in
a bench wife, where herema'f
ed nntil about eight o'clock, when he
rptired. He said he was awake at
half-past ten, as he heard the clock
strike the hours until the half was
reached. He said he did not leave his
bed room after entering it until next
morning, He denied that he rode Mr.
Sullenger's horse to John Sullenger's
and then rehitched it at the gate of the
school house lot and rode the other
horse down to the house. He denied
that making any statements to the jail
birds at Henderson, nnd dented that he
knew of the plot to escape jail. His
testimony was mainly a denial t f all
statements alleged to have been made
by him by other witnesses. He admit- j
ted writing to the St. Louis wrman
from the jail at Henderson; but said
that he had not had anything to do
with her after his marriage to Mr
Sullenger's daughter.
Slayden made sweeping denials of
the statements attributed to him 1 y
Hutchen. th3 detective. He said ro
such statement was made bv him at
the Gill hotel, as was alleged to have
been made by Hutchen, but he did not
outline any conversation he had uiih
hw wife on that occasion. Slayden admitted
that he did explain to divers
persons that Mr. Sullenger could have
let himself into the cistern, but denied
that he said he could have knocked the
holes in his head by pulling himself up
against the top of tho cistern.
He denied that he struck to the suicide
theory after he had seen th condition
of the body, and denied that he
objected to blood hounds being carnd
to the scene. He said he told his wife
to see if Mr. Sullenger hud returned
home Saturday after his disappearance
and if he had not. to bring his Sunday
pants, for he would have to go and see
about him.
The next witness placed on the stand
wis Mrs. Ernest Slayden but she wns
not permitted to testify, She was
by W. w. Parks, formerly a
storekeeper and guager in the emploi e
of the government Parks wa
phced on the stand for the purpose of
contradicting Detective Hutchen
Hutchen had stated, that on the
night Slayden was arrested he had
gone to a room in the Gill house nnd
had overheard certain conversation be
tween Slayden and his wife. Park'
testimony was to the effect that he
hail gone to the room occupied by
Hutchen on that night, hnd
crawled under the bed Hutchen occupied,
nnd had overheard the conversation
between Slayden and hirf wife, and
that no huch conversation occurred between
Slayden nnd wife as was nlleged
by Hutchen.
Parks also stated that on the second
dav of May last year he was on a tral"
btween Marion and Blackford and that
h overheird Hutchen siy that Ernent
Slavden was not guilty, but thnt ho
(Hutchen) could convict him for SlfifO
or $2,000. On cross examination I'nrl s
at first snid he was studying to be a
detective under "detective tompanv"
in Louisville, but wnen pressed ns to
the name of the airencv he admitted
he was not, but said he had been rend
ing n detective book.
Thirty minutes after Parks testified
h was arrested by Duputv Sheriffs!
Pickens and Gilliland on a charge of!
perjury, the warrant was sworn out i
by Detective Hutchen.
At this point Walter McConnell. J i
A. McAbee, Cam Crnync nnd Dozier
Hill, were introduced one nfter th"
other for the purpose of showing that
Detective Hutchen hnd made the state
ment in their presence that Slavden
was innocent. They were not permuted
to testify, the court holding thn'
he point had no hearing upon the ne;
raving thnt the jury was not trvirg
the case from Hutchen's opinion
Green Crawford was next called. o
j eni a member of the Coroner's jury
tht Bit on the inquest of James I
I Sullenger. Mr Crawford said tbpt lc
IIW some blond bout the Sllllenei"
barn, but that it appeared to be
1 or ol I blood.
Coromer Charles Walker was nex'
railed. His testimony was nbout h
same ns that of Crawford. He said ho
did not see much blood.
The Cororner was followed bv Mr
Henry Slayden. She testified that her
husband, Henry Slnyden. did not leave
horn e the night of the murder.
She was followed by Dr.
Henry Slayden, father of the defendant.
Dr. Slayden testified regarding
statements to have been made by him.
denying a number of statements,
those testified by Hutchen. He
denied that he told Hutchen the reason
he had kept his horse in the lot the
night of the killing wns because he had
to go to Manus Magruo's early Saturday
morning. Dr. Slnyden said he did
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Exact Copy of Wrapper.
not !va hn t.i.ine t II i the night
of the irurder. He Mid hennl ofl
the kdlinic ntout four o'clock on Uie
afternoon of th next day after the"
killing.
Ed Slaydn hts wife followed
Dr. Slayden. Tney teMifiotl that
or Ed nor Dr Slayden left their home
in Iola the night of the killing.
Ijiwrence Tackwoll was the ncxt
witness. He said ho heard a number
of people over about the Sullenger
. . .. . ., . ... ;
home talking ti suicide theory besides
Ernest Slayden. He also said he saw'
some blood that was being talked ,
alwut at the stable but that it looked ,
old to him.
Thomas Hardin was next intnduced
He mid that he lived llll Ill" r"ad lie- ,
twee,, Sullenger's and Uln and thm ,n ir"' "" ncuoing
fi"c watch dog. Hm raid ho di.l, beads, black racers, blue racrfs. gar-
nor henrM dog bark thHt night.
Chrlii llrnwn was next In'rodmv4
He stiil he had a good do nnd did
not In h him Iwrk that niirht. He w
:iKen Vi'ayoi II he awnkeni"'
hU dog bttrked nnd he snt
S- did imt if he Hid he wou'd be awakt
qj I e time.
Th- I, witresn una Mrr. Gill Shr
w i 'or the puriwe of con
rude ing Hiitrhen She snid n the
vjfn" stand that Hutchpii a'd if l e
vouM "nv certain things nlout Wh
nu ' h." ome the niuht Slavden wns
d ho (Hutchon) wouM teenn
of her Her testimony cor eluded the
evidence and both 'd rented. The
ariimen's wore eotimence I at once,
Hon. A. C Mooro, fr 0 e jrsecut!on
making the i ening rpei ci He was
followed y Mayor 'o'in "". Blue, fori
the defense, nnd he y Hon. ''i rl
for the prosecution. Court then
adjournel until Friday morni r, v 1 rn
Attorneys James and Grayot a neludc d
thearguments.
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