The North Mississippi herald., August 30, 1918, Image 1

About The North Mississippi herald. (Water Valley, Yalobusha Co., Miss.) 1888-1929

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A WEEKLY PAPER WORTH WHILE
“THE LOVE OF COUNTRY GUIDES."
THF ONLY LIVE PAPER IN THE COUNTY
VOLUME XXX
WATER VALLEY, YALOBUSHA COUNTY, MISSISSIPPI. FRIDAY, AUGUST 30. 1918
NUMBER 39
Geo. Goodwin Found Guilty
of Manslaughter For The
Killing of Gaston Mitchell
(
Judge Dinkins Imposed Sentence of 15
Years in The State Penitentiary
—An Appeal Made To The
Supreme Court.
BONO IS FIXED AT $10,000.00
Bond Furnished Immediately
And The Defendant Was Re
leased. Lieut. Governor Lee
M. Russell Retained By Mr.
Goodwin to Present The
Case In The Supreme Court.
“We, The Jury, Find The De
fendant Guilty of Manslaughter”
was the verdict returned in the Good
win case. The verdict was returned
into court Thursday evening about
6:30 o’clock. But owing to the fact
that Att’y. W. F. Hamilton who
represented the defendant, had left
on the early afternoon train for
Camp Gordon, Ga. where he was or
dered to report for military duty,
Mr. Goodwin was without counsel so
the court deferred pronouncing sen
tence at that time and took a recess
until 9 o’clock the following morning
thus giving the defendant an oppor
tunity to procure counsel.
When court re-convened this, Fri
day, morning Hon. Lee M. Russell of
Oxford who had been retained ap
peared in behalf of the defendant.
Att’y. Russell implored the court to
be as lenient as possible in his sen
tence, as defendant had always borne
a good reputation—had never been
in any kind of trouble before, and
hoped he would take these facts in
consideration in determining the sen
tence.
The court tho : fixed the sen i >n-c
ut 16 years in the state penitentiary.
Att’y. Russell then filed a motion
for a new trial, which the court im
mediately overruled. Then the de
fendant made application for bail
pending an appeal to the the supreme
court, which application the court
sustained, fixing the bond at $10,000.
The defendant immediately made the
bond and was released from custody.
Following is a report of
the trial of the case:
Monday morning at 9 o’clock Cir
cuit Court convened for the second
week of the special session. The
Goodwin case having been previosuly
set for that hour and a special venire
of jurymen summoned to report at
that time, as soon as court convened
the case tVas immediately taken up
and proceeded to trial.
Hiatory of Th« Case
On December 3, 1917, George Good
win shot and killed Gaston Mitchell
in the railroad yards near what is
known as the “Block” crossing on
Martin street. The men were mem
bers of the night switching crew and
the killing occurred about 11 o’clock
at night while the men were engaged
in their usual work. Mr. Goodwin
was arrested at his home «nr>n after
the killing occurred and claimed that
he shot Mr. Mitchell in self defense.
. A few days later after his arrest
Mr. Goodwin was given a preliminary
hearing before Judge J. K. Fulson
and Judge C. L. Chadwick and was
admitted to bail in the sum of $2,
600. In June the grand jury return
ed a true bill or incKctment against
Mr. Goodwin charging hm v-i*1, <v,ur.
der in the first degree for the killing
of Mr. Mitchell, and the defendant
was again taken into custody. A few
days later through his attorney Mr.
Goodwin under habeas corpus pro
ceedings before Judge E. D. Dinkins,
made application for bail. At this
hearing Judge Dinkins denied the ap
plication and refused the defendant
bail.
District Attorney Richard Denman
is assisted by Hon. W, 1. Stone of
Coffeeville in the prosecution while
the defendant is represented by Hon,
W. F. Hamilton of Water Valley.
About 60 witnesses were subpoenaed
by both sides in the case.
MONDAY MORNING
After calling all the witnesses for
both the state and the defendant each
side announced ready and the case
proceeded. Then followed the selec
tion of a jury of 12 men from the
special venire of 75 summoned. The
entire list was exhausted and only 10
men were secured. Then the names
of the regular petit jurors for the
week were used and only one more
juror was secured before that list
was exhausted. The remaining or
12th juror, Mr. W. H. Fuller, was se
lected from the body of the court
roefn.
Names of the Trial Jury Selected.
Wilton Adams, J. V. Lovelady, G.
W. Edwards, V. P. Coleman, J. L.
Langdon, W. E. Westmoreland, Ru
fus Wilson, Calvin A. Smith, T. J.
Hendricks, R. M. Weaver, J. M.
Coker and W. H. Fuller. Baliffs, L.
G. Sartain and Oscar Thomas.
The jury is composed entirely of
farmer* and is an exceptionally good
one. The state used only 5 of their
12 pre-emptory challenges while the
defendant used only 11. Each side
expressed themselves as satisfied and
well pleased with the jury.
The entire day was consumed in
the selection of the jury, the last man
being accepted about 6:80 p. m. The
jury was then Bworn in and placed in
the care of the two bailiffs while the
court adjourned until 8:80 the next
TUESDAY MORNING
Court re-convened at 8:30 and the
state proceeded to introduce their
testimony in substance as follows:
Dr. S. L. Cox
Dr. Cox testified that he knew
both parties—saw Gaston Mitchell on
the night of Dec. 3, 1917 about 11
or 11:20 at the undertaker’s. That
Gaston Mitchell was dead—was dress
ed in overalls, had on vest but would
not say had on coat. That he made
an examination of the body and
found wound on left side of cheek—
looked like bullet wound—wound
entered just above the jaw bone be
low the ear and extended inward and
upward, did not penetrate cavity of
the mouth but seemed to range
above it—did not probe the wound
and did not find the exit. Wound
was powder burned and the top seem
ed larcerated—wound indicated that
pistol was fired in close proximity.
Saw examination made of Mitchell’s
clothing and found keys, several
minor articles, and saw small vial
removed from his inside vest pocket
—examined contents of vial and
would say it was whiskey.
Dr. S. E. Cooper
In substance Dr. Cooper testified
that he knew both parties, Mitchell
and Goodwin. That he went to scene
of trouble some 26 or 30 minutes
after it occurred—others were pres
ent—saw body on the ground—was
laying flat on back with head toward
rail slightly under a car with arras
extended and feet toward northeast.
Man was dead. Made examination
of wound—did not use instrument—
found wound in left cheek below ear
and above jaw bone, wound extend
ing inward and upward—consider
able blood on ground from wound.
Did not go with hod’* t* >«*idertaker’B
but went there some 30 minutes
later. Did not examine clothing at
scene of killing but saw examination
made at undertaker—-bottle was re
moved from dead man’s pocket (like
the one exhibited), did smell con
tents, smelled like whiskey. Didn’t
know how bottle got in dead man’s
pocket. That wound would cause in
stantaneous death. Wound was lar
cerated on the top and powder burn
ed, indicating: fired at close proximity.
Engineer Frank Stewart
Lived here 18 years—am locomo
tive engineer—was on night of Dec.
3, 1917—knew Gaston Mitchell and
Geo. Goodwin both for about 5 years.
Saw both night of killing—Mitchell
was engine foreman and had charge
of the crew—Goodwin followed the
engine, his duty was to cut the cars
and throw the switches. Luther
Williams was field man, his duties to
block the cars—I was engineer and
Tom Myers was my fireman, but Mr.
Myers being also an engineer we
changed places sometimes to rest
and relieve each other. Mitchell
was superintendent of the crew and
we all were subject to his orders. I
reported for work that night at 7
o’clock—all the crew named were
present that night. Mr. Myers was
acting as engineer when we went in
with the cars on Track No. 6. Was
supposed to make a “kick” switch
out railed and went in on Track No.
5—stopped then Mr. Myers and 1
changed sides, I taking the engineer’s
position on right side—saw signal to
“go ahead” and pulled down lead
track with engine opposite spur
track at back of Trusty warehouse—
yes, left cars on track No. 5 came
out with 3 cars—went south 350 feet/
went below “Blocks” crossing—f
mean back end of cars had clear;, t!
Blocks Crossing which is sou^. . n
switch stand No. 5—No one gave
signal to stop, I stopped of my own
accord. After stopped a short time,
a minute or so, saw flash like a pistol.
I spoke to Mr. Myers about it, he
answered back—He went back up lead
track, was gone 3 or 4 minutes then
came back. I went up there after
fireman came back. I found body of
Mitchell laying flat on back with arms
extended, head southeast about 8 or
10 in. from caboose track—his lan
tern at his right side between knee
and foot—pencil along side and pa
peds under his head. Two or three
were present—he was south of No.
6 stand. We started to work later
under Mr. Spangler’s direction.
Spangler came to get work started
again. Saw Mitchell and Goouwin
several timeB that night prior to kill
ing—did not see any difficulty that
night between them. Later saw
wounds on Mr. Goodwin’s face and
head—he was in jail—-it was some
what dark in the jail.
Jury Visits Scene of Tragedy
At this juncture the Court, Jury
and attorneys went to the scene of
the tragedy where the court ques
tioned Witnesses Frank Stewart and
M. J. Bates for the purpose of lo
cating the switch track, switch stands,
caboose track, and other tracks and
positions, locations of cars, and other
marks for identification purposes.
Fireman Tom Myers
Am locomotive engineer, have
lived here 28 years—was locomotive
fireman night of Dec. 3, 1917. Was
running the engine when went up
lead with cars to switch on track No.
5—when Btopped on No. 5 track,
changed with Mr. Stewart and he
took charge of engine. Did not see
signal to go ahead was on left side
of engine—did not see signal to
stop—did not see flash or hear re
port of gun. When engine stopped
at Trusty spur, got down and went
back toward yard office—heard that
Mitchell was shot—came back to
engine—Mr. Stewart went north—
1 did not go to scene—did not see
the body. Did not see Goodwin in
jail.
(Court took Recess Until 1:30)
TUESDAY AFTERNOON
Conductor M. J. Botes
Am a train conductor—was on
night of Doc. 8, 1917. Knew Gaston
Mitchell and George Goodwin. My
caboose was nearly opposite switch
stand No. 6, was just a little north—
caboose was west of where cut of
cars was made on track No. 5. Saw
two men, Mitchell and Goodwin,
heard talk—heard Mitchell say “that
is two or three times tonight”—he
raised his voice—I recognized his
voice—saw Goodwin go between the
cars. Was in my caboose looking
out—saw them east of me. Heard
shot fired—was called to go out at
11:20—was dark night—men were
making a cut of cars on track No. 5
—the cars left were not in the clear
of track No. 6—I complained to Mr.
Spangler—they were moved later.
After hearing shot got my lantern
started south,—saw Goodwin coming
north on west side caboose track—
came to me—said “Mitchell was
dead”—said “he hit me and knocked
me up against the engine and was
beating me in the face, and I shot
him.” I went to body—it was lay
ing flat with arms extended, pencil
and papers near the head while lan
tern was out and at his side—head
was near the rail under cinder car—
was 26 steps from cars on track No.
5 to where body layd—didn’t see
Goodwin come out from between cars
on No, 6—didn’t see Mitchell again
alive—After heard Mitche'l talk,
about minute heard pistol shot. Saw
blood running down Goodwin’s face
from wound above eye. No one at
body when I got there wouldn’t say
there hadn't been before I got there
—others came after I was there.
Switchman Ed Holly
Started to work after 10 o’clock
night of Dec. 3, 1917—went to work
after Mitchell killed. Car stood jh
lead track above Stand No. 6—Car
stood on approach to track No. 5—
this was about 11:30 or 11:40—
switch engine stood south of Block’s
Crossing—body had been removed—
blood was between stands No. 5 and
6 near east rail of caboose track.
The blood was nearer to No. 5 than
to No. 6 stand—Saw Goodwin in jail*
a few days later, saw paper on his
face.
Trainmaster N. W. Spangler
** Was Trainmaster on Dec. 3, 1917
>^new Gaston Mitchell and Geo.
'Kjodwin—at time of klliing was at
ei{B»e—was on scene 30 minutes after
fusing notified. Saw blood 75 or CO
feet south of cut of cars on track No.
5—switch engine was south near back
door of Trusty warehouse. Distance
from center of Track No. 5 to center
of track No. 6 is about 12 ft.—Dis
tance from end of cars on track No. 6
to where blood was near caboose track
was 75 or 80 feet (Here the record
was produced which showed that at
the preliminary trial Mr. Spangler
swore the distance was 200 feet.)
Serg’t. Bruce Tucker
Am now in military service—on
Dec. 3, 1917 was deputy marshal—
went on duty about 5 or 6 o’clock—
was on duty night of the killing.
Went to scene of trouble that night
between 10 and 11 o'clock—car in
spectors, conductor Bates, Mr. Ham
ilton and others there when I got
there. Body was laying with head
to southwest near rail of caboose
track—made examination of body for
weapons, found knife in lining of vest
pocket, it was shut—saw pencil in
his hair above the ear, don’t remem
ber of seeing any papers. Took
bottle out of dead man’s inside vest
pocket at undertakers—saw the bot
tle in his vest pocket where body was
but didn’t remove it then. (Identi
fies knife, vest and bottle). Saw
Goodwin something like an hour or
an hour and a half later in front of
his house near Christian Church.
Together with other officers I was
looking for him—he came around the
church and said “here I am, Mr.
Doyle” and surrendered to Mr. Doyle.
Undertaker W. B. Carter
Am an undertaker—knew Gaston
Mitchell. Saw Mb body first at the
store—saw wound on left side of
cheek—it was lacerated and powder
burned. (Identifies dead m a n’s
clothes, knife taken from lining of
vest, but did not see the bottle of
whiskey. When I got to store Dr.
Cooper was there—I only know what
I have heard about the trouble—Dr.
Cooper and Dr. Cox. made examina
tion of the wound.
Sheriff Dave Patterson
Am sheriff of Yalobusha County—
was sheriff on Dec. 8, 1917. Night
of difficulty between Gaston Mitchell
and George Goodwin I was at home
—was notified between 10 and 11
o'clock, called over phone by Thad
Backstrom, Jr.—dressed and came to
the scene, found Tucker, Hamilton
and others present—Goodwin wasn’t
there. Then went to Goodwin’s
house, took Bruce Tucker and Tom
Kirazey with me—didn’t find Good
win at home—was there % of an
hour searching the premises—Kimxey
and myself were at back of the
house when deputy Clayton Sartain
called out “here he is.” Got his gun
—contained one empty shell, one had
been snapped, 4 other loads—went
into the house, his wife met us,
while talking I remarked to Goodwin
that blood was on his face—he stated
to his wife that “he hit me there
with his fist.” Goodwin said to me
“Mitchell hit me with his fist and
started to hit me with his lantern
and I shot him.”—Saw scratches on
Goodwin’s face, he offered to show
me wounds on his throat—Goodwin
was not at home, had been there 40
or 45 minutes before Goodwin show
ed up—he said he had been squatting
down in the weeds. Mr. Doyle and
myself went into the house with
Goodwin—wife and sister-in-law
were in the house, we helped to
quiet them. Turned flash light on
his face while he was washing—saw
scratch—Mr. Doyle went into an
other room with Mrs. Goodwin who
was carrying on considerable. I told
Goodwin that night not to talk too
much as 1 was sheriff—he was talk
ing quite a bit. What Goodwin said,
was voluntary.
THE STATE RESTS
THE DEFENSE
At this period the defense began
the introduction of their testimony.
The defendant, George A. Goodwin
was the first witenss to take the
stand and his testimony in substance
was as follows:
Defendant Geo. A. Goodwin
My name is Geo. Goodwin—was
working in the I. C. switch yards in
Water Valley on night of Dec. 3,
1917, my position or duty was to fol
low the engine in switching cars.
Knew Gaston Mitche 1 some 7 or 8
years—he is now dead—I shot him.
Before the difficulty we were friends
—shot him between 10 and 11 o’
clock that night, something like 10:20
or 10:30—had trouble at time of
killing. I have an impediment in
my speech. Had trouble in cutting
out cars, the pin stuck—I said “al
right. go ahead,” but the cars were
not cut—he said "you G - d d—n
s—n of b—h, I'll get shed of you
now”—he hit me blinding me, knock
ed me down between the cars, and
kicked me—don’t know what he
struck me with—later picked parti
cles from wounds on face—a hard
knot came on back of my head—
(Exhibit of particles in paper) —
seemed to be coal—there were a
great many coal cars in the yards
that night. Tried to kill Mitchell be
cause he was trying to kill me and
said he was going to kill me—to save
my own life. Difficulty came up be
cause I failed to make the switch—
caused him to jump on me. I sup
pose Mitchell gave signal to go ahead.
Went to Alex Gordon’s house, asked
him to go with me to tell my wife—
went to water trough and washed
blood off my face—face was bruised,
cut and scratched—knee was skinned,
and my back hurt, and back of my
head was hurt,— (hat, shirt, coat and
overalls exhibited and identified) —
there was a worn hole in top of hat,
found hole cut in hat over wound on
my head—never examined coat until
presented to me on stand, found
blood stains on it and it was torn
under sleeve. Shirt was bloody, torn
and buttons gone—knee and leg
skinned very bad—hard knot came
on back of my head and hurt so bad
I had to send for a doctor—A. B.
Porter, A. B. Chadwick, Bob Good
win, Ben Myrick and others visited
me in jail and saw my wounds—
Heard of Mitchell making threats
against me—Alex Gordon told me
before the difficulty that Mitchell
said “that s— of b— would come up
missing”—Ernest Ward told me
Mitchell said "damn if he didn’t kill
me or quit the job.” Surrendered
that night to Mr. Charlie Doyle about
one hour or an hour and a half after
the killing—discovered that night
that Mitchell was drinking, had notic
ed it on several nights before—Held
up my hand and told Mr. Doyle my
gun was in my pocket.
City Marshal, C. T. Doyle
Am City Marshal—was marshal on
night of Dae. 3, 1917. Saw Geo.
Goodwin on night he killed Mitchell
—Goodwin surrendered to me. Pat
terson, Tucker, Sartain, Kimzey, and
Holloway were at his house when I
got there—was west of his house near
porch when first saw Goodwin come
around church corner*—he said “here
I am Mr. Doyle,” came toward me
holding his hands up over his head—
said pistol was in his pocket—I got
his pistol. Saw blood on his face—
made partial examination of his
wounds that night—he had cut place
on right side over his eye also bruised
place on side of face—saw red marks
on his throat, looked like finger
prints—red splotches, I think on left
side—paid no attention to his clothes
—Mrs. Goodwin came in the room
where we were, Geo. was washing and
cleaning up—Goodwin said “I think
he hit me with his fist, I don’t know
what he had in it”—scar was bleed
ing, on right side of head—that looks
like the gun turned over to me—he
called to me when he came around
the church—I took gun out of his
pocket, gave it to Patterson—I kept
it until the preliminary trial. I was
in the city office when first heard of
shooting—first called the yard office
—Spangler told me of the shooting
—went to Goodwin’s house—been
there some 30 minutes before I saw
him. Goodwin came in the
room where Geo. was washing up,
went with her into other room,
Patterson was in room with Good
win—when he washed up we ail
came down to the restaurant together.
Switchman, Luther Williams
Night of Dec. 3, 1917 was switch
man in I. C. yards—went on duty
about 7 o’clock—all went to work
then—was up there between 10 and
11 o’clock at time of difficulty—
hadn’t seen or heard any trouble be
fore that night—was 65 or 70 feet
from them when my attention was
attracted to them—remember the
cut of cars—it was made while cars
standing still—I was going from the
lead track over to the cars on No.
5 trajck to spike them—was dark
night, had rained—first heard Mitch
ell curse Goodwin—George had failed
to make the cut—Mitchell told Geo.
to go in between the moving cars—
George said he had no business in
between the cars while moving—
Mitchell said “then go home you s—
of b— you’re no account anyway. I
was first person to reach the body—
was stooping over to block the cars
when heard shot fired, looked up
quick, saw Mitchell falling—was be
tween stand No. 5 and stand No. 6
-—was about half way between the
switch stands—the cut of cars was
not in the clear of the lead track—
got to Mitchell in a short time, was
only 50 or 60 feet from where I was
—I reached down took hold of Mitch
ell’s shoulders raised him up a little,
saw he was dead and left for the
yard office to get help. Passed
George as I was going to the body,
near the body, at that time he was
standing up. Saw Mitchell give the
go ahead signal. Saw Mr. M. B.
Babb and Alex Gordon that night
prior to the difficulty—saw them near
the Block’s Crossing. I started from
the car on the lead track toward the
cut of cars on No. 5 track when I
heard the talk as I was going toward
the cars on No. 5 track—1 blocked
the south end of the north car on
No. 5 track—it was about 60 or 70
feet from where I was to the body—
the body was between the caboose
track and the lead—might have been
nearer No. 5 than No. 6 stand. Saw
lantern—was back of his feet like—
was on side and was out.
Recess until 8:30 p. m.
TUESDAY, 8:30 P. M.
Mill Foreman, Will Goodwin
Work for the I. C. Railroad—am
mill foreman—worked for the com
pany on Dec. 3, 1917. Went to
scene of trouble on night of Dec. 3—
was there when they moved the body
—got there 6 or 10 minutes before
it was placed on a cot—only one or
two there when I got there—crowd
came later. Body was laying be
tween No. 5 and No. 6 stands, west
of lead with head toward the ca
boose track—body was south of No.
6 stand about half way to No. 5
stand, possibly a few feet north of
the middle. I noticed a cut of cars
on No. 5 track, the cars were not in
the clear as to the lead track. From
the south end of the cars to where
the body was laying it was possibly
20 feet. Am possibly a cousin of
the defendant—not much if any
kin to him. Didn’t testify in the pre
liminary trial—may be some kind of
a cousin to George. Saw lantern
like the one on the table some 18
or 20 feet northeast of body—saw
pencil to left of his shoulder—didn’t
see switch list at all.
Foreman, Walter Goodwin
Work for the I. C, am gang fore
man—was not at scene of trouble
on night of Dec. 3—went there next
morning—saw blood where the body
had lain. From cut of cars on No.
5 track not in the clear to where I
saw the blood would be 77 or 78
feet. I made the map being used
here—used steel tape line.
(Continued on last page)