Shadrach Jackson
CHAPTER VI
Belt-Hambrink Trial.--Proceedings of
the trial of Logan Belt, Jas. D. Belt, George Ratcliff
and Earl Sherwood for the murder of Luke Hambrink of the
night of April 1, 1879. General characteristics
surrounding trial both on side of people and defense. On
Thursday, April 7th, the selection of a jury was begun,
and progressed rapidly until Friday evening, when nine
jurors were secured. It was then thought that it would be
a difficult matter to secure the other three, as it was
evident to all that the defense intended exhausting the
county, if possible. By skillful management on to part of
counsel for the people, Hons. J. Q. A. Ledbetter and W.
S. Morris, the defense were foiled in this attempt, and
by 12 a.m. Saturday (9th inst.) the Jury entire was
secured. It consisted of men named as follows: Clement
Matheny, John A. Tinsley, Emanuel Pittman, William
O'Hare, Baker Finney, Wm. I. Jenkins, Charles A. Ferrell,
Marcus Sheldon, Robert Cowgill, Henry Ferrell, James
Renfro and Joseph Ferrell, all of whom were taken from
three precincts only, viz: seven being obtained in
Monroe, four in Rose Clare and one in McFarlan precinct.
Saturday afternoon session.--The Jury
being accepted and sworn in, the opening statements were
made, the points of which we give as follows:
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Statement For The People-By W. S.
Morris
It was clear and concise and tolerably full, though it was evident that the entire bulk of evidence to be produced was not by any means shown in the opening statement. He began his statement by first calling the attention of the jury to the great importance of clearly noting all the evidence to be brought forth in the trial in question. He also pointed out the great importance to the general public of a true verdict being rendered in accordance with law and evidence -showing the disastrous results of a bad or untrue verdict: further showing that both the people (prosecution)and the defense were satisfied with the jury as selected, and whom he was then addressing. After this he drew a diagram of the situation of the premises where Luke Hambrink was killed, showing location of sleeping apartments of Hambrink and family, and the manner in which the dark deed was committed-position of perpetrators, etc., as shown by evidence already brought out and evidence yet to be produced. He also described the circumstances as related to the inmates of the Hambrink dwelling - locating each person and giving actions and conversation of each immediately after the death of Hambrink, etc. He stated personal characteristics of Hambrink as being an economical, money-making man, and a man who loaned a great deal of money; also, social relation as existed between him and his family--showing that the general social relation as should exist between husband and wife did not exist between Luke Hambrink and the wife of his bosom. She was hard of hearing, etc., and altogether, a person possessing a temperament that would allow her to be readily used by designing persons; or, otherwise speaking, a "ready tool" in the hands of the bloody perpetrators of the awful deed
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committed on that first night in April, 1879. She was a person whom they well might use, unsuspectingly, as an instrument or an ally to aid them in the execution of a horrible crime. Afterward they could palm off upon her and members of her family the very crime which they, themselves, committed. He further stated to the jury the different features surrounding the death of Hambrink, and that his death was caused by a wound from a shot fired from a pistol of 38-calibre central fire. The physician called upon, a Dr. G. W. Hill, said in his statement that he thought Hambrink died almost instantly, perhaps taking a few steps.
He then pointed out the force of
circumstantial evidence as compared with direct
evidence--showing that it was sometimes as good, if not
better. He illustrated the same by telling the jury that,
on a day previous, Mr. A. had picked up from among some
half-dozen other hats, his Morris hat and worn it off.
When he came to look for his hat, he found it not, so
quietly waited until each of the gentlemen had taken up
their respective hats and passed out. Then he immediately
picked up the remaining hat instead of his own, and
looking under the inside band of same, found the name of
the rightful owner. He knew thereby who had taken his
Morris hat, and so, upon the following day, went to and
exchanged hats with the gentleman.
Also, he related circumstances of the
killing of Doc. Oldham in December 1875, by Logan Belt.
He also told of the combination or organization
afterward, in the spring of 1876, of a Ku Klux Klan by
Belt, for the purpose of intimidating, running off, and
killing all witnesses vs. Belt whom they could not scare
from the country. He further stated to the jury an
outline of their secret meetings while they were
discussing future plans for depredations to be
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committed, and their
manner of coming together, etc. He also gave the oath
members were compelled to take, and gave a list of the
depredations committed, among which were the killing of
Luke Hambrink, the shooting of Geo. W. Covert, and the
burning of the houses of Lucy Sterling, Mrs. Greene and
the Rock Creek schoolhouse, etc., etc. In pursuance of
the plans laid by that organization, and that, through
force of fear, they had driven some good men into their
organization in order to present a respectable appearance
and thereby keep their dark deeds secure from law and
justice.
All this, Mr. Morris stated, would be introduced in the
trial simply for the purpose of corroboration of
testimony that would be offered; not to throw prejudice
upon the case, but to prove certain facts relative to or
connected with the murder of Luke Hambrink.
He then read the indictment vs. Logan
Belt and others for the murder of Hambrink, as rendered
by the grand jury of the October term of the Circuit
Court, 1886, of whom John J. Shearer was foreman. After
the reading of which, he gave an account of the arrest
made, the preliminary trial or habeas corpus examination
before Judge McCartney, and the result of the same-Logan
Belt being committed to Jail without bail; Earl Sherwood,
James D. Belt, George Ratcliff and Matthew Ledbetter
admitted to bail, and the indictment against Henry
Ledbetter mollied. A summary of the evidence as to the
killing of Hambrink by Belt, and which would be before
them for consideration, was then given the Jury as
follows:
m at the State would be able to show that prior threats
had been made by Belt to take the life of Hambrink, on
one occasion having said that if Hambrink should move
that fence, which was in dispute, he would kill him, as
also at
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various other times. That Hambrink was
a witness vs. Belt in the Belt-Oldham murder case, that
Belt believed Hambrink to be in his way in making a
successful defense in the same charging Hambrink with
being interested in the prosecution and with fostering or
loaning money to the Oldhams for the purpose of aiding
them in prosecuting, and that Belt saw it to his interest
to remove Hambrink out of the way. That Hambrink received
written notices a shore time prior to this death, and the
following, which he received in the year 1876, we give
below:
NOTICE
September 23rd, 1876
Mr. Hambrink, Luke--You are hereby notified to keep from
your place of residence that Lucy Mellon, a prostitute
woman, and Tucker Morgan, if you would enjoy life and
property, as we intend to have more virtue, morality and
christianity in this neighborhood. Sir, bear in mind.
(Signed) Regulators of Crittenden and Hardin Counties.
That they expected to prove that Logan Belt was the
author of the aforegoing notice;- and that notices were
served on other important witnesses of a character of
nature that would tend towards scaring off said witnesses
and prevent them from appearing against him in trial.
Further, that it was their intention to overrun the
county and create a panic among the citizens in order to
achieve their ends. Again, he added, that some would say
that some of the witnesses were not to be believed, and
that some of them had been steeped in crime, etc. This he
refuted by saying that assassinators invariably pick upon
such men to assist them in committing a dark deed, and
that the testimony of such men could not be thrown aside
simply because they
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were men of a like ilk of the accused.
Also, that the evidence would show that Logan Belt
endeavored to have William Frailey burn Rock Creek school
house on the night of the murder of Hambrink, saying that
it would raise hell, and that they would lay it on the
Oldhams, but Frailey refused. That while in Joliet
together, Belt told Frailey that he killed Luke Hambrink.
That they expected to prove that Belt told Mrs. Lackey
that he would kill Hambrink. That Belt instructed Mrs.
Hambrink to take an axe and break in the bureau and
secure Hambrink's money, and also asked if Hambrink was
armed, and the reply was that he kept a pitchfork by his
bed. Belt said that he would play hell with a pitchfork.
That meetings were held in a dark hollow below
Cave-in-Rock, and there plans were suggested and matured
whereby masks, lanterns, arms, etc., could be obtained,
and schemes were discussed and laid to draw upon the
public reason for wearing masks were in order that, when
crime was committed, they would be able to swear, so
their leaders told them, that they did not recognize each
other, as they would not know who all were along with
them.
Mr., Morris challenged the defense to
produce a single iota of evidence that would tend toward
shifting the crime of the murder of Luke Hambrink on the
Oldham family. He then showed the position of the
surrounding fields, and that tracks of four men were
visible, and that this corroborates Frailey's testimony.
That the defense were frequently seen around the premises
of Hambrink prior to his murder, and that Earl Sherwood
resided near in an old shop on Belt's place hard by,
further explaining to the Jury the evidence of certain
witnesses. He then brought the statement to a finis by
asking the Jury to carefully examine facts according to
evidence and give a verdict in accordance with
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the testimony and in behalf of
justice, and in as much as they valued the future welfare
of Hardin County citizens in a Hardin County court of
justice, and also the future welfare of their posterity
to see to it that all side-bar issues that might be
thrown in by the defense for the purpose of diverting
their minds from real, better, and heavier evidence, have
no such effect with them when it came to weighing the
more solid' testimony.
Statement of Defense
Hon. T. B. Stelle made the opening
statement in behalf of the defense, and said he regretted
that the counsel for the State wished the jury to return
a verdict in accordance with popular clamor. He appealed
to their conscience or, rather, their feelings. He
appealed to their American patriotism, when it came to
the serious matter of the life of an American citizen. He
tried to show a vindictive spirit in the opening
statement of the people, and admonished the jury that it
was better that ninety and nine criminals escape the
avenging hand of justice than to jeopardise the life and
best interests of an innocent person, and stating that
the wrong men were indicted for the crime. He made
reference to the statement of Mr. Morris that the people
and people's witnesses were not on trial, etc., Mr.
Morris having said this in closing his statement to the
jury. He (Stelle) dwelt with much affected force upon the
aforesaid statement, and also upon the fact that Matthew
and Henry Ledbetter were endorsed as witnesses for the
State. That too, said he, for the sole purpose of
shielding the real perpetrators and casting the crime
upon the accused, when they, the accused, were innocent
of the charge. He insinuated that the family of Luke
Hambrink were the persons
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who committed the crime--for the
simple reason that Hambrink, as the defense claim, had
threatened to go back to Germany and take his money and
little son Peter with him. He said his family wished to
have the benefit of that money, and deemed it necessary
to kill him in order to retain it in the family. He
admitted, however, that Logan Belt might have been the
attorney of Mrs. Hambrink. He claimed that Hambrink had
refused to furnish the Oldhams with money with which to
prosecute Belt. It was to the interest of Belt to have
Hambrink live, as then, perhaps, his money would not fall
into the hands of his family and into the hands of the
Oldhams. He further stated that, while they were not
installed as prosecutors of crime for the State, they
intended, not withstanding, to act in that capacity, and
not only show the defendants innocent of the crime with
which they were charged, but also show who the real
murderers were, and, in behalf of the people of Hardin
County, bring them to Justice. That they could prove that
Mrs. Hambrink was an enemy to her husband, and that
Matthew Ledbetter, her brother, and the Oldhams were in
cooperation, and were, with her, working to secure
Hambrink's money. That the diagram of positions, as given
by the State, was most assuredly wrong, and that, instead
of being as they represented, it was, or nearly so, the
reverse. They meant to prove that it was his own family
who murdered him and that he, Stelle, meant to stand
shoulder to shoulder with Messrs. Ledbetter and Morris in
the prosecution. He accused Wm. Frailey, witness for the
people, as being ready to swear false, having as a motive
for doing so simply and wholly a desire for revenge.
Belt, upon his return, had cast off and denounced his
former wife because she had proved to be an adulteress
and as he expressed it, a common strumpet. Because Belt
had cast her off
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and married again, Frailey sought
revenge, he being a brother to Belt's former wife.
In regard to Mrs. Lackey, as a
witness, he expressed himself of ridicule. Her evidence
he regarded as being of no importance, saying that it
could not be relied upon, as she was a strange person,
having both an eccentric and vindictive disposition. He
asked the jury to look at the motives that might actuate
men who should be witnesses for the people, especially,
in the instance of Wm. Frailey as a witness against the
defense and for the State. He also stated to the jury
that the defense would be able to show that the relatives
of Luke Hambrink had both opportunities and motives for
committing the murder, and seeing forth the idea that the
motives, on the part of some of the witnesses, were
self-preservation, and on the part of others as being
through a sense of revenge. He accused the prosecution
with secreting a part of the witnesses for the people in
order that the defense could not obtain access to them or
learn anything of what might be the testimony of these
witnesses. He claimed the defense had a right to know, in
order to be prepared to meet the prosecution, who had, he
said, conspired together to punish innocent men. He tried
to impress upon the jury that great doubt was implied in
the case, and that they must be careful to look at the
motives of each witness brought upon the stand and throw
away all evidence that might be quest-toned or thrown in
doubt.
Judge Baker's instructions to the jury
were very close and rigid, showing that he fully realized
the necessity of great watchfulness of close attention in
this regard. Three escorts, with strict instructions'
were placed with the jury, the names of whom are Thos. L.
Jenkins, John H. Ferrell, and George T. Murphy, all good
men, who can be relied upon to see that the strict
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instructions of the Judge are to the
letter carried out.
REMARKS
We inferred from the harsh attack made
by Judge Stelle, of the defense, upon Wm. Frailey and
Mrs. N. Lackey, in his opening statement to the jury,
that those two witnesses were feared most by the defense.
We considered the statement made by Judge Stelle as being
the weakest thing of the kind ever heard by us, but, in
very truth, it could not have been otherwise, as he had
no points and no foundation upon which to base an
argument or statement.
We shall, in the next issue, begin
with the evidence in the Belt-Hambrink trial, and which
shall be as full and just as near the facts, truth, as we
can get it. It may take three or four weeks to give the
trial entire, but just be patient until we get through.
We think you will agree with us that we have given you a
true and clear synopsis of this, the most important
feature or event in the annals of Hardin Country history.
We noted every expression and every movement, both on the
side of the State and also on the side of the defense. We
highly comment the counsel for the people and admire the
backbone displayed by them in the prosecution. The
defense also wore a "bold front" throughout up
to the time when Sam Grindstaff was placed on the witness
chair. Then the face of Mr. Belt (Logan) blanched, and
the "star of hope" of the defense seemed to
wane. Several noticed this, but none understood why such
was the case.
The Jury on the Belt-Hambrink trial
were out only thirty minutes, and rendered a verdict of
"Not guilty".
Judge McCartney saw enough in the evidence, as given in the habeas corpus trial in the Belt
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Hambrink case, as to not admit all of
the defendents to bail. Notwithstanding this fact, and
notwithstanding the fact that a great deal more and a
great deal stronger evidence was before this jury than
was before Judge McCartney last fall, still a verdict of
"Not guilty" was rendered. Strange, isn't it?
The publication of the truth or facts
never yet hurt this or any other county. It is the
smothering up and the covering up of such deviltry that
does us harm abroad. It will creep out anyhow in the
course of time, and, when it does, the stench will be
much greater, for the putridness will have grown greater.
Open denouncement and suppression is the quickest and
only remedy, and the only plan to insure safety of life
and property and the county from bankruptcy.
Early Monday morning, April 11th, the
witnesses for the people were called, sworn in and
retired--then again called in regular order, as follows:
PROSECUTION
Henry Ledbetter: Am a brother-in-law
of Luke Hambrink, deceased. At the time of murder I lived
about a quarter of a mile from Hambrink's place, and was
working for Hambrink at that time. On the evening of the
murder, I had gone up to Charley Buckhart's for the
purpose of sitting up with a sick lady by the name of
Browning. Chas. Buckhart and wife and Wm. Browning were
there, and Mr. Hambrink came over just after dark and
remained until a few minutes after eight o'clock, when he
returned home. He only lived some three or four hundred
yards from Buckhart's. I saw a man pass just before Luke
started home, and just after that I heard someone
whistling and singing. Stepping to the door, I saw a man
coming up the road riding and recognized Wm. Frailey; he
was
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going towards Hambrink's. I saw
another man coming up out of the field or wood and
quartering up towards Frailey from the south side of the
road. He dropped into the road just behind Frailey in the
hollow and near a drain between Buckhart's and
Hambrink's, but I don't know who that man was. Mrs.
Greene, Mr. Belt, Mr. Shoemaker and Mr. Austin all lived
in that direction. Mr. Austin lived nearest, and Mr. Belt
lived about two and a half miles on an airline and about
three by road. Hambrink started home about fifteen or
twenty minutes after he, Ledbetter, saw the men. Witness
and his wife were giving medicine to Mrs. Browning, and,
just as they were preparing to give another dose at 9
o'clock, Hambrink's little son Peter came after Charley
Buckhart. He told him that his mother wanted him to come
over, as his child was sick and crying, and that she
could do nothing with it. Mrs. Hambrink was keeping
Buckhart's child. Buckhart went, and in a few minutes
after, the conch blew, whereupon Ledbetter immediately
ran over and found Buckhart standing in the road still
blowing the conch. In reply to question asked by
Ledbetter as to what was the matter, he said that
Hambrink has been killed. They went in, and Buckhart laid
the conch upon a shelf. Hambrink was found lying in the
door of the old house, room occupied by Mrs. Hambrink. He
was on his face, with his toes reaching out on the
doorstep, and with a three-tined pitchfork of which he
still had a grasp, lying under him, with the handle of
the same extending back under the left arm. He Just had
on his underclothing--having stripped and put on fresh
underclothing--and a shot was found in his left side and
rather in front, as though he was shot while facing the
foe. His blouse was lying on a corner shelf, and his
dirty clothing was lying beside his bed, the cover of
which was thrown back, and an im-
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print upon the bed as though a man had
sat thereon. From this the witness inferred that Hambrink
was preparing to retire when he received the fatal shot.
Witness saw blood at the door step of the old house and
also underneath Hambrink. All this occurred in Hardin
County, Ill., in the year 1879. He was at the inquest the
next day. Mr. Morris asked who Claiborne and Grant Belt
were, and was told by the witness. Witness had no reason
to believe that Tobe(Matthew) Ledbetter had anything to
do with the murder. Tobe lived at Alex Frailey's at the
time of the murder, which-was about two miles from
Hambrink's. Witness was at Tobe's when he heard that he
was indicted for the murder of Hambrink, and, as he was
preparing to go to court, he went on the following
morning to Elizabethtown. Witness diagrammed the premises
of Hambrink for the benefit of the jury.
DEFENSE
Henry Ledbetter: Simply a repetition
of the former statement, with a few exceptions, which are
given. Witness married Rebecca Tucker. Chas. Buckhart
married Martha Hambrink. Stelle asked the witness what
Wm. Browning was at Buckhart's for and where has he been
since? Browning was there sitting up with the sick woman,
and afterward he removed to Pope County, Ill. Mrs.
Browning was moved away pretty soon after the murder to
Equality by a man named Mitchell, he thought, though not
positive in that regard. Witness married a half-sister of
Morgan Tucker. Buckhart had two or three children
altogether. Mrs. Hambrink had the child next to the baby,
which was one week old. It was sick and crying that
night, and the boy Peter had come over after Buckhart to
go and take care of it. He said it was hurt and bleeding.
His mother had told him
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this. Buckhart had only time to get there when the conch blew. The witness went in the old house, passing in by the left side of Hambrink, but Buckhart remained on the porch. Mrs. Hambrink was sitting, rocking the child--no lamp lit, but the fire was stirred up. The lamp was in Luke's room. Peter was in with his mother. Sherman Browning was asleep . The witness was the second person there. Bettie Oldham, Hambrink's daughter, was there. She was 13 years of age. Hambrink had seven children. Martha had married Chas. Buckhart; Jane, Frank Dale; Hannah, Jack Oldham; Lucy, George Dale; Bettie, Jas. Oldham, and two were unmarried. Mrs. Hambrink was singing and talking to the child when the witness went in and asked, ' "Who done that?" She said she did not know, and asked what was to be done. He told her the coroner would have to be brought, and immediately went after him, getting back at daylight next morning. The moon shone till about 3 o'clock a.m. that night. Hambrink had not said he could take his money and go to Germany, but simply his boy Peter. Hambrink and his family were on good terms, but, that Luke and his wife had not been living harmoniously until within a few weeks preceding the murder. They knew Hambrink had his money deposited in the bank at Shawneetown. It was generally understood that Hambrink and his sons-in-law were engaged in the prosecution of Belt for the killing of Oldham. Jack Oldham lived about a quarter of a mile from Hambrink's. Mrs. Hambrink had her clothes on, and had not been asleep up to the time of the murder. Hambrink had hold of the fork near the tines. He saw Frailey pass about 8 p.m.; the moon was shining, and Luke started home a few minutes after. Alex Ledbetter told the witness he had been indicted, and he went to Elizabethtown voluntarily without arrest. A nolle prosequi
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was entered in his case on insufficient evidence. He had never told anyone at the shop of Guideon Howell that, if he should tell what he knew, his brother Tobe would hang. He had never quarreled with his brother in his life.
PROSECUTION
Matthew Ledbetter: Name stated. Nicknamed Tobe. He was one of the men indicted by the grand jury, but went to Elizabethtown before he was arrested. His father's name was John and his grandfather's name was James. Was well acquainted with the defendants. He lived at his father's during 1878 and 1879, but in the fall of 1879, moved to the Hurt place belonging to Logan Belt. Witness was raised in this county, but his father came from Tennessee. He had known Belt from boyhood, and Sherwood about seventeen years. The Hurt place adjoined Hambrink' s. Belt lived about two miles from Hambrink on an airline and about two and a half miles by road. David Shoemaker lived to the right of that line and Dan Austin, he thought, lived in the old school house at the time of the murder. Mrs. Greene lived on or near that line, and about one-half mile from Hambrink 's. There were hard feelings between Belt and Hambrink; their places joined, and Luke had threatened to tear away the fence between them, which he had erected himself. Belt told Tobe that if he did tear that fence away, he had better be in hell the moment he did it. He said that he (Belt) would not be any too good if he should be over there on the hillside with his gun to shoot him. Belt told Dan Austin that Hambrink was furnishing the Oldhams with $500 with which to prosecute him (Belt), and sent Tobe to interview Hambrink in regard to it. Hambrink told Tobe that he was not. Belt also came to where he was working one
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day and told Tobe that
Geo. and Jack Oldham were going to murder Hambrink to get
his money. This was in February, before the murder in
April. Tobe told Belt he had not before heard of such a
thing, where upon Logan exclaimed, "Why, hell fire'
It's all over the country." Tobe said he was not in
anyway related to either John Q. A. Or John T. Ledbetter.
Tobe went to see Belt in behalf of Mrs. Hambrink and in
regard to having her dower set apart for her. Belt said
he would meet her at Tobe's house upon a certain evening,
and to tell her to be sure and meet him at the appointed
date. She was there as agreed upon, but Logan did not
come. He afterward told Tobe to tell her to manage
somehow to get possession of all his money and then let
him do the lawing if he wanted to, as he would then be
destitute of means to law with. He had heard Belt say a
"right smart" he said, in regard to Hambrink,
but did not remember just all he had said. Belt again
told him to tell Mrs. Hambrink to take an axe and burst
in the bureau and secure all the money it contained, but
to wait until Hambrink had the most money before doing
so. After she had done so, he was to tell her what to do.
She said she would not get it that way, and that the
drawer was locked. Belt asked Tobe what corner of the
house Hambrink slept in, and if he did not sleep in the
southeast corner of the house next to Buckhart's? Tobe
replied in the affirmative. Belt then asked if Luke kept
himself armed, and was told by the witness that he kept a
pitchfork by his bed, and that if anyone should interrupt
him, they would get a pitchfork stuck into them. Belt
said he would play hell with a pitchfork. He also asked
if Luke made any changes in regard to his sleeping
apartment in either warm or cold weather. Witness did not
know that he did. Witness had a dance at his house on the
night of the murder, and it broke
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up about ten o'clock. Jack Oldham was the fiddler. Chas. Buckhart was not there. Geo. Dale and his wife were there, but went home about nine o'clock, or one hour before the dance was broken up. The sons-in-law of Hambrink were all there at the dance except Charles Buckhart. Witness heard of the event the next morning and was at the coroner's inquest, getting there at about seven o'clock. Belt had told Tobe previous to the murder that, if he (Belt) was in Tobe's place, and if Mrs. Hambrink was his sister, as she was Tobe's, he would kill the d--d, flop-eared, Dutch son-of-a-b---h. Witness moved away from the Hurt place because he was afraid to stay there, he said, as the Belts and Geo. Ratcliffe were around the premises of Belt all the time, and he was working for Belt. Plenty of arms, ammunition, etc., were kept around Belt's house, and all were armed. He moved from the Hurt place about the last of February or the first of March. One morning, when he went to Belt's to work, he found Jas. D. Belt, Tom Leeper, Frank Hardin, Wm. Greene Wm. Frailey and Geo. Ratcliffe all there. He heard them say they slept there, and that "scared him up" he said. He moved out of the neighborhood as soon as possible. The last day he worked for Belt, Jas. D. Belt and Thos. Leeper were there. Witness was cutting out fence row and Logan Belt passed him going to Thomas Hodge's to stay all night, and told him---. Here the defense objected to the testimony, saying it was entirely outside of the case in question. The jury were withdrawn from the courtroom, and Mr. Morris, of the prosecution, stated to the court that it was not outside evidence, for by such evidence he wished to show that there was a conspiracy formed for the purpose of removing out of the way all the important witnesses against Belt, and this, too, was prior to the killing of Hambrink, and that this was part of the testimony
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of the witness was to tend partially toward showing this fact. He read as authority for witness proceding with evidence, Sec. 1078 and 1079 of Vol. 1 of Bishops Criminal Procedure, and also some other authorities to the same effect. Stelle, Pillow and Youngblood, in behalf of the defense, endeavored to show authority for the inadmissibility of such evidence, and Mr. Youngblood, stated to the court that, "unlike Judge Stelle, he did not propose to identify himself with the prosecution, but was there for the sole purpose of defending the accused, and none other. That he thought the authority as read by him was sufficient to convince the court that such evidence was wholly inadmissible, and he trusted the court would so decide." After some two hours discussion upon the matter, Judge Baker sustained the claim of the counsel for the people, that they had a right to introduce such evidence, stating that as the people had shown in their opening statement, that such evidence would be introduced, and that as the purpose for introducing said evidence was also shown; therefore, the court had no right to debar them of the privilege, and ordered that the people proceed with the witness. Whereupon witness stated that Belt passed by him, where he was engaged cutting out the fence row, and told him he was going over to Thos. Hodge's to stay all night. He said Wm. Frailey and Joe Lowry had gone to town, and he (Belt) was going up there to stay all night. Belt told Tobe that, if he was a little further up, he would show him where Covert waylaid him, and that if he had come along he would have been killed. Witness saw Joe Lowry, Wm. Frailey, Jas. D. Belt and Tom Leeper at Logan Belt's that day, but did not know what they were doing there. He did not see them either come or go away. Tom Leeper and Jas. D. Belt were there at dinner, but as the witness went home in the evening, he saw they were gone.
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Witness did not know whether Hambrink tore the fence away or not. Belt was riding when he passed the witness going to Thos. Hodge's.
DEFENSE
Matthew Ledbetter: Witness was commonly called Tobe Ledbetter. He did not know who killed Hambrink.. He lived two or three miles from Hambrink. Defense asked the witness if he was a member of the church. He had been, but the church had gone down. He had always attended dances, and did not think there was any harm in so doing. No one left before the dance closed that night but George Dale and his wife, that the witness knew of. The feeling between Belt and me was that of a friendly one at the time of the conversation had when I was at work for him. He did not remember whether or not he swore on former occasion; he was mad at Belt. He arrived at the inquest after sun-up. Joshua Hobbs told him about the murder. He was not at either Belt's or Hambrink's on the evening of the murder, but was at work in his new ground. He did not remember what Mrs. Hambrink was doing when he got there on the morning of the inquest. He didn't know that Hambrink was going to Germany. Mrs. Hambrink told him that Luke and her were not on speaking terms. He did not remember swearing that she told him Luke was going to Germany. He did not know that Hambrink had money in the bank. Mrs. Hambrink did not tell him that it was. She did not give any reason for wanting her dower set off. Logan Belt said that "Up that path was where Covert waylaid me, and would have shot me had I come along then." Witness moved from the Hurt place to Alex Frailey's, and from there to the Baugher place.
150
PROSECUTION
William Frailey: I am a brother-in-law
to Logan Belt. I was acquainted with Doc. Oldham. I was
at Logan Belt's house the spring following the killing of
Oldham, and Jonathan Belt, George Ratcliffe, Jim Belt and
Earl Sherwood were there. I heard Logan and Jonathan Belt
say they would get their men and kill off the witnesses
against Logan. This talk was had between the house and
the shop. Belt had guns and pistols in that shop. It was
held as a blacksmith shop and law office. Jonathan and
Logan said that all was now ready, and they would take
their clan and clean up things. Jonathan was to go across
the river into Kentucky and get his clan and Logan would
gather together his men in Hardin, and, with the two
clans united, they would make a general sweep of all the
witnesses against Logan. I saw them scouting around, and
they told me they were waylaying Covert and the Oldhams.
Covert was a witness against Logan Belt. Logan told me
that he had been shot at by the Oldhams, and that they
were going to get their men and just wipe them out. I was
present when Lucy Sterling's house was burned. I objected
to going, but Logan said by God I had to, and that it was
the only way to save my life. Harvey Hollemon burned the
house. He went in and applied a match to the bed. Lucy
was not there to burn her up in the house. Belt had the
roads watched and two men waylaid to my certain
knowledge. I know he gave men notices, for he had me to
go to Shawneetown and put them in the post office. I have
taken about six notices and mailed them to Shawnee. I
don't remember who all of them were for, but two of them
were for Luke Hambrink and Ewing Lambert. Belt's excuse
for having the notices mailed at Shawneetown was that the
parties would not know where
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or whom they came from. Cave-in-Rock
was the nearest post office of the parties to whom the
notices were mailed. I lived a part of the time on Belt's
place and a part on the Vaughn place. Belt waylaid for
Covert and the Oldhams twice. He waylaid them one night
at the Hambrink school house. Logan Belt, myself, Jim
Belt, Geo. Ratcliffe and Manford Underwood were in that
crowd. At another time, myself and Marion Belt guarded
one road. At another time, Logan said that Covert was in
the neighborhood, and that he wanted to kill him. At the
east end of Belt's lane, Belt shot Covert and me both. At
another time, the road was watched between Mr.
Pritchard's and Ebb Dossett's by myself and Marion Belt.
I came to town to get our subpoenas in Belt's and my own
case the day before Hambrink was killed that night. I met
B. Z. Jenkins at Peter's Creek coming from town as I went
into town. I rode Loge's horse, and I got back to Belt's
about sundown, and ate supper there. Belt had formerly
told me, on the bank of the creek at Rock Creek church,
that "Luke, the d--d old son-of-a-b---h, should
never live to see another court to furnish money to
prosecute him with." I ate my supper and then
started home. Loge went out to the lot with me to catch
my horse for me, as I had left my horse there as I went
down in the morning, riding to Logan's instead. While
assisting me to catch my horse, Loge proposed that I
should go that night and burn Rock Creek school house,
saying that it would raise a hell of a stink in that part
of the county, and that he would lay it on the Oldham's.
He said he had other men who would do it, but they had
another job to do that night. He said they--Earl
Sherwood, George Ratcliffe and Jim Belt--were going to
kill that G-d d--d Dutch son-of-a-b---h that night, and
pointed towards Hambrink's and that
152
his men were down there in the woods
now waiting, and again motioned towards Hambrink's. He
further added, "That they were men who never
flinched, too". I told Loge I must go home and could
not burn the school house that night. Loge then said that
by G-d, one thing I had to do, and if I valued my
personal safety, I had better do it, too. He said that I
must go along the road whistling and singing, and if I
met anyone to stop until I had passed them, and with
this, Loge went off and left me and I went on home. I
overtook Zed Jenkins about one mile from H's and rode
with him as far as his house. I went on, and when I
passed Buckhart's, I saw both Henry Ledbetter and Luke
Hambrink there, but did not stop or warn Hambrink, as I
was afraid to. I saw a man come into the road behind me
between Buckhart's and Hambrink's, and that man was Earl
Sherwood. I went to see J. R. Oxford the next morning. I
never heard of the working at Ebb Dossett's. I was
jointly celled with Logan Belt while at Joliet. I was
sent to the penitentiary for shooting Covert. While
there, Belt and myself were talking about the killing of
the deceased, and Loge told me that what he did not do,
he Had done. Belt had received a letter from home and
some things in the letter aggravated him, and as we were
talking of the deceased's murder, Loge again said that
what he didn't do in it, he had done. Grindstaff and Belt
both said they were in the same cell at Joliet.
DEFENSE
William Frailey: I am brother-in-law
to Logan Belt by marriage, he married my sister. I am 40
years old. I came home from Joliet about eight months
before Belt did. I was at Belt's the evening of the
murder; I had been to
153
town to get subpoenas for witnesses in
Belt's case and my own. I saw no one outside of his own
family there--there was Mary, his wife, and Margaret,
Avary, Knocker, Jodie and Jonathan. I stopped at Belt's
to change horses, and Jonathan was in the lane yard with
Loge. I knew Hambrink was going to be killed that night.
I heard the conversation between Logan and Jonathan in
regard to killing witnesses, and joined the band to help
do it, but went into it through fear and by force. I was
with them only at times which I have spoken of to kill or
murder witnesses. The reason I know the deceased was to
be killed that night was because Loge told me so. The
States attorney told me he would protect me from
prosecution for anything relative to the killing of
Hambrink if I would only swear the truth in this case.
Well, he said he would do what he could for me if I would
swear to the truth. I don't think I swore that he
promised to furnish enough evidence to convict them if I
told all I knew. He never said he would furnish me any
evidence. I swore I shot Covert. I did it to save my
life. I know I am swearing the truth now, and knew I was
swearing false then. Surrounding circumstances then would
not permit me to do otherwise, for I know that though
Logan was in the pen, his bad men were left behind and
were here among us. I don't think I stated that Belt had
nothing to do with the shooting of Covert. I swear I know
from my own personal knowledge that I was afraid Belt and
his men would sometime waylay and kill me. I feel more
safe now and no afraid to swear the truth; then, I was.
No, the States attorney did not assure me that I was
safer now, but the people have. They have got tired of
this sort of thing. Why, the people in general, of
course--all over the county. No, Logan Belt shot Covert
and me both. Ile Dossett and
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Henry M. Winders were both present when I talked with Jno. Q. A. Ledbetter. Defense then asked the witness if he had not been advised by the prosecution that he had not sworn quite enough but must make it a little stronger? He said he had not. Belt would not speak to him when he came back, and so he was, he said, of course, unfriendly. He had sent or written a partial statement to Sam Grindstaff--just a social letter, giving general news of the country and what Belt was doing. He wrote to him because the States attorney wanted to find out where he was at, he said. He did not state to Maj. R. W. McLowrie in Joliet that he knew that Belt had nothing to do with the murder of Hambrink or that Hambrink's own family and the Oldhams killed him. He felt more secure now than he did last fall, for then he felt that his life was in danger, and he thought he was yet in danger if the accused were turned loose. Did he understand the nature of an oath? He did. And the consequences of disregarding his oath? He thought the devil would get him. Did he not think the devil would get him anyhow for swearing lies? He said not, as he thought it was owing to circumstances. If a man had to swear a lie to save his life, he did not think the devil had anything to do with it. Could he tell them how people would know that he was swearing the truth? He said he did not know about that, and it didn't concern him, but that circumstances now warranted him to tell the truth. About six months before Hambrink was killed, Belt and himself had a little difficulty over a reaper, but only had a few words. He was not at Hambrink's house, but went straight along the road, and did not hitch his horse at Mt. Zion church, and, with Tobe Ledbetter, kill the deceased. He did not go to Judge Ledbetter's at 11 o'clock on the night of Thursday,
155
April 7, 1887, but he was there a
little bit after supper. The State's attorney had been at
his home only one time and that was in the spring of
1886. He did not tell Jim Oldham that the wife of the
deceased had the dogs put up on the night of the murder.
He told him he had heard it, but did not know how true it
was. He did not get in the hogshead and shoot the
deceased. He never wrote nor made his mark to such a
document as appeared in the Golconda paper; he said he
didn't tell Lewis Lavender that Luke's own family
murdered him.
A FORGERY
The following letter appeared in the
Golconda Herald of the issue of October 10,1877: From
Hardin county.--Cave-in-Rock, Ill., October 18,
1877.--Eds Herald--Understanding that one G. W. Covert,
with whom I had a skirmish one week ago today, had gone
down the river to some point, and that he reported that
Logan Belt has shot me and also him, I wish to give the
facts in the case as they occurred. I was hunting near
Logan Belt's house when I was fired upon from the
thicket, receiving one buckshot in my leg, two through
the abdomen and two in the shoulder. A man ran from the
thicket and I fired two shots at him. Covert's cane was
found in the thicket, and blood trailed from there to Dr.
Dunn's. Covert was wounded in the arm and cared for at
Dunn's, arrested and taken to this place, where he
escaped and went down the river. He probably took me for
Logan Belt, as he, one year ago, plead guilty to being
one of the parties who waylaid Belt. He told them that
the spot where he had fired on me was one of their
ambuscades. He broke jail and fled from that charge.
Covert has a wife in this county, and, I am credibly
informed, is married to the woman
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he has had with him recently, finding
her at Harrisburg, Ill. He is attempting to sell a forged
note for $300 on John Flannery, a gentleman of Kentucky.
He ran away from Indiana to escape punishment for
larceny, and is known by all to be an uncommon liar. To
use an old saying, he would rather tell a lie on credit
than tell the truth for cash. I now hope to get well.
Wm. Frailey
mark
Attest: Jos. Lowry.
(The foregoing letter was sworn to be a forgery by both Wm. Frailey and Joseph Lowry.)
PROSECUTION
Joe Lowry: Witness knew and pointed
out all the defendants; he was Constable at the time. A
copy of the Golconda Herald was handed him, in which was
the above letter, and he said he never saw any such
document with Wm. Frailey's name attached, and attested
by him, and said it was a forgery. He had heard a
conversation between Logan Belt and the deceased at
Robert Sheridan's in regard to a hound of Belt's that had
been killed. The deceased said that the hound had been
killing his sheep, and that he told Morg. Tucker to kill
him, which he did; but that the deceased offered to pay
for the dog. Belt said he wanted no pay for the hound but
that there would be a future settlement with him. If he,
Belt, found for certain that his hound had not killed
Hambrink's sheep, that his d--d old hide would pay for
it. This conversation between Belt and Hambrink was in
the winter before the latter was killed in the spring.
Witness said that, being a constable, he saw it. He
identified the following notice
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as being written by Logan Belt:
NOTICE
September 23, 1876
Mr. Hambrink, Luke--You are hereby notified to keep from
your place of residence that Lucy Mellon, a prostitute
woman, and Morgan Tucker, if you would enjoy life and
property. We intend to have more virtue, morality and
christianity in this neighborhood. Sir, bear this in
mind.
(Signed) Regulators of Crittenden and Hardin Counties.
Witness thought Belt had endeavored to
counterfeit, or, rather disguise his handwriting, but he
said it was from the hand of Logan Belt, nevertheless. He
thought that as a general thing, Belt omitted
punctuation, and that sometimes he wrote heavy and
sometimes a light hand. Nevertheless, his writing was
always natural, and that a man well acquainted with
Belt's writing could always tell it, even though he would
try to disguise the same. Belt was a bad speller, he
said, and he knew it was his hand from the shape of his
small "d" as he made the same like a small
"a". Witness knew that it was his hand from the
general appearance, as it was peculiar and altogether
different from the writing of anyone else that he had
ever seen. He had seen Belt write a great deal, and he
did not write alike all the time. He usually wrote a
tolerable heavy hand, and this was rather lighter than he
commonly wrote, but still it was his. Wm. Frailey and
Jas. D. Belt had come to the residence of the witness
with a note from Loge Belt, asking him to come to his
house. Witness went the next morning and found Jim Belt
and Tom Leeper there. Belt wanted him to go to
Elizabethtown, with Wm. Frailey, with
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a warrant for the arrest of Covert and
take him to Esquire Henderson's for trial. Belt told him
to bring him along the low water road around by
Cave-in-Rock, about twenty-five or thirty of those d--d
sons-of-a-b---hes would be on the high water road and
would take the d--d old son-of-a-b---h away from him, and
for the witness to take him the lower road. Witness told
Belt he apprehended no danger, but, thinking that
something was wrong, he did not bring Covert up. Witness
returned from town to Belt's next morning and found Jim
Belt and Tom Leeper again at Loge's armed with guns.
DEFENSE
Joe Lowry: Nothing new was elicited,
save that Covert's writ charged him with stealing a
horse. Judge Stelle asked the witness if he did not
understand Mr. Belt, when he told him to take Covert the
lower road, to mean that if he did not do so, the Oldhams
would take him away from him? Witness replied that he
thought Loge wanted him to bring Covert along the lower
road in order that he (Belt) himself might kill Covert,
or have it done, as Covert was a witness against Belt.
For that reason, he did take Covert to Henderson's. He
did not know whether the notice presented to him was
written with a gold, steel or quill pen, but he knew that
it was in the handwriting of Logan Belt. Another paper
was shown the witness, and that was also identified as
being the handwriting of Belt.
PROSECUTION
H. M. Winders: Witness was acquainted
with the defendants; he had been Constable, Justice of
the Peace, and was now County Surveyor. The notice given
the deceased, and signed "Regulators"
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was shown to the wetness and identified by him as Logan Belt's handwriting. This was the same notice identified by Joseph Lowry. He had lived some two or three miles from Belt for several years, and knew him well and also his handwriting. He had given considerable attention to the Study of penmanship and had studied both Belt and Belt's handwriting, for Belt was a peculiar man and wrote with a peculiar hand--a hand that the witness said he did not believe could be imitated. He was well satisfied that the notice shown him was Belt's handwriting, but he thought that Belt had endeavored to disguise his true hand in this instance. He had surveyed lands in the Hambrink neighborhood, and had made a map of the surrounding vicinity of covering an area of about one and one-half townships. This map was at his office, but the court caused it to be sent for. The witness was then asked to take it and explain to the jury the exact surroundings as shown by the map, which he did, locating the various farms and their surrounding roads, etc., of the neighborhood. A second and a third paper were also shown to and identified by the witness as being the handwriting of Logan Belt. The feeling of the witness toward Belt was not the best, but his feelings would not influence him to swear otherwise than true. Belt and the witness had never had any unfriendly relations, yet the witness did not like Belt as a man and as a citizen.
DEFENSE
Henry M. Winders: Witness was very
firm and positive, and defense could not shake his
statement. Nothing new much was elicited, save that Belt
had a peculiar way of making certain letters--making a
small "d" like the letter "a",
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and that he made caps "B" and "L" in a peculiar style. Witness recognized the notice to Hambrink from the general style used by Belt, and told the defense that if they would only compare it with recent letters written by Belt, they would find the handwriting to be exactly the same.
PROSECUTION
Morgan Tucker: I lived on the place of
Hambrink before he was killed, and I knew Lucy Mellon.
The deceased showed me a notice notifying him to put Lucy
Mellon and myself off his farm, which the deceased had
received from the "Regulators," and asked me
what I was going to do about it. is the seme notice shown
me by the deceased. I heard a conversation between the
deceased and Logan Belt about a note. The deceased would
not let Belt have the note until he paid. About one year
before the deceased was killed, I was living on Stone's
place. I came home about nine o'clock one night and saw
three men in my yard. They passed around the house two or
three times and then came out at the gate and crossed the
bridge near where I was hid in the gulley. They stopped
on the bridge and held a whispered conversation. They had
two guns. I think they were Logan Belt, Isaac Keeling and
Wm. Frailey, and I think they intended killing me if they
had found me. Stone lived at the old Hale place, one and
one-half miles southeast of Belt's I think the note held
by the deceased on Belt was probably a mortgage note.
Belt asked the deceased if he was not going to give up
the note, and, when the deceased refused ,remarked that
it would not do him any good. I can read handwriting.
161
DEFENSE
Morgan Tucker: I can read writing and can write. I write my name. The deceased showed this paper to me. I can make out enough of it to know it. My eyes were not sore at the time I saw the men on the bridge. They were within fifteen or twenty feet of me. I had a good view of them; the moon was shining. It was before the deceased was murdered. It might have been six months before, but it was sometime during the year before Hambrink's death. No one told me about who the men were. My eyes have been sore at intervals for sixteen years. I married Mary Delilah Jupin. Defense are all friendly with me except Mr. Belt. I don't call him my friend. I said I guessed he was. I now have friendly feelings toward Belt's person, but don't like his way. I think I offered to tell it last fall, but it was objected to. I had the deceased pay nine dollars to Loge Belt for me, which Belt claimed I had stolen, or its equivalent.
PROSECUTION AGAIN TAKE THE WITNESS
Morgan Tucker: Frank Hardin had been to a shooting match and had gotten his gun out to fix. I went on Sunday with Mr. Harding over to Mr. Belt's to get the gun fixed and Belt was not at home. Mrs. Belt told us Just to go to the shop and fix the gun. I sat down on the steps while Hardin went into the shop and unbreeched the gun; we were there about twenty minutes. The next morning Belt sent for us, saying that he was going to prosecute us for theft. We went over and told him that he was making a wrongful charge and that we were innocent. Belt said he would sue us if we did not pay him nine dollars, and that if we would set-
162
tle that amount on a note at
Hambrink's, he would let us off. We did it rather than to
have any trouble with him.
PROSECUTION
Jane Belt: I am living with my uncle,
John Frailey. I am twenty-five years of age. I was living
at home with my father when Hambrink was killed. Jim
Belt, George Ratcliffe and Earl Sherwood were at father's
house the day Hambrink was killed. They came early in the
morning and remained until after twelve o'clock, noon,
and took both guns and pistols away with them.
Father kept several guns, revolvers etc. around his house. After Jim Belt, George Ratcliffe and Earl Sherwood left, I noticed that all the guns were gone. Those three men were at my father's a great deal just before the killing. George Ratcliffe lived in the Roark house Just at the mouth of the lane. Bill Frailey came to father's on the evening of the murder. He got there about sun-down and ate supper there; he had been to town and had rode father's horse. My father and Uncle William stood at the gate after supper and talked awhile, and then went out at the gate. I went to bed about nine o'clock. I don't know whether the clock was right or not. They were not there when I went to bed. I slept in another room. Father was at home the next morning when I got up. Father went to work at Ebb Dossett's the next day and mother went along with him. Sherwood was at our house a"heap" of the time and frequently slept at the shop, as father had bedding there. Jim Belt, George Ratcliffe and Sherwood were there a great deal of the time and were out a great deal of nights. Sherwood did not live there all the time but the most of his time.
163
DEFENSE
Jane Belt: I am not married; never had
any children. My father cast me off, he said, for being
too intimate with men. He cast my mother off for the same
reason--I stood to my mother. I don't know exactly how
long. I looked at the clock; I don't know whether the
clock was right or not. I don't know where he was; he was
talking with Bill Frailey. I knew William Frailey. The
gate was not very far off. He didn't go away at dusk.
George Ratcliffe lived tolerably close to my father's.
Upon close questioning by the defense, the witness said
that she thought it was between one-fourth and one-half
mile from Belts to Ratcliffe's, but upon being pressed
further in regard to the distance, told Judge Stelle that
if he was very particular, to go and measure the distance
and then he would know. Her father owned the place at
that time. She thought Ratcliffe moved to the county
farm. He was married when he lived on her father's place;
had been married four or five years, she thought.
Sherwood lived at her father's before he was married, and
also again Just before the murder of Hambrink, but the
witness did not remember just how long. He was there on
the day the deceased was killed at night. Her father and
Sherwood were very intimate, she said. She said she
noticed her father and Frailey standing at the gate
several times that evening, and guessed they must have
stood there one hour and a half at least. It was not
true, she said, that she had lived with a man in Gallatin
County. She had not lived with John Norris in Gallatin
County. He had taken her up there, but they did not live
at the same place. Marion Mott had never drove her off.
Her father had never talked to her about the way they had
been living. He had, upon his return home, drove her off
without
164
giving her any reason. She heard
afterward that he said that it was because she had been
too intimate with men, but that it was false. There was a
law office in her father's old shop, and Sherwood slept
there. Her father kept arms in there for Sherwood's use.
There were two rifles, two pistols, and two shotguns.
Witness said that her father kept hounds, and persons
often came there and went hunting. Sometimes they would
meet there and have a general hunt. Mr. Sheridan's and
Mr. Lackey's folks sometimes brought hounds with them for
that purpose. Mr. Sherwood had his washing done at her
father's house a part of the time.
PROSECUTION
Thomas Leeper: My name is Thomas
leper. I am acquainted with the defendants. I knew where
Logan Belt lived when the deceased was killed, and have
worked for him. I worked for him when he was sent to
prison. I had a conversation with Belt about running off
the witnesses in the Oldham case. I was sworn into the
band by Logan Belt, near his house and on the right of
the lane. Sherwood, Geo. Ratcliffe, and Jim and Arthur
Belt were present. The oath I had to take was binding
upon a man so as to force him to take the life of a
brother if so ordered by the captain, Robert Sheridan, We
were to ferret out the Hambrink murder. I told Loge I
would like to see that done, but that I was a poor,
ignorant orphan boy and had always had to work very hard
for my living. I never had any chance to get an
education. I said that I was not capable of assisting in
the ferreting out of the Hambrink murder that there were
smarter men than me to do that. Belt said:"By G-d,
you are a man, ain't you?" I said,"Yes, in
size." "Well," he said, "You can do
as much as any man, can't you?" I said I could. Belt
said: "By
165
G-d, that was enough." I knew it
was a groundhog case. I knew then I had to join them or
do worse. So I told Loge that if it would do him any
good, I would join the band. Belt said he knew G-d d--d
well he could make good use of me, so I joined them in
fear of my life. Belt then said: "It is dark now,
but I'll give you the signs and grips in the
morning." We were to know who belonged to the band,
when we shook hands with members, by the sticking of the
little finger under the thumb. Another sign was to fold
or draw lapels of the coat across the chest in passing,
and if the person was a member, he would signify the same
by raising his hat and passing his hand over the brow or
forehead, as though wiping perspiration there from. If
assistance was desired, we were to stick thumbs in each
pocket, allowing the remainder of the hand to hang down
outside and pass around a known member until we attracted
his attention Then, according to his oath, he was bound
to retire with us to a secluded spot where we could have
the desired communication. Belt sent Bill Irby and myself
to hunt and kill Covert. One day while passing, Belt
stopped me to look at his fine horse. He asked me when me
and that girl (my wife, then Mary Norris) were going to
marry. I told him we were not going to marry that I knew
of. He said yes we would, and that by G-d, he would set
me up for keeping house to the amount of $50, and that
much would fix me up nice. I had to go and kill Covert,
and that he and his family would clear me of it. Another
time, Belt and I were in the sinks hunting when we saw a
man coming, and Belt said that if it was one of those
d--d Oldhams, we would kill him right there. Another time
Belt sent Jim Belt and me to Barker Hollow to watch for
and kill Covert, who was expected along there that night.
I told him I had no gun and did not want
166
to go. He said I did not need a gun,
as Jim would do the killing, and that he just wanted me
to go with Jim as company. I had on a new pair of Walker
boots, and Loge made me pull them off and put on an old
pair, as he said by G-d they could track me with them
things on. Loge said he would go to Tom Hodge's and stay
all night, as people would lay it on him and then he
would prove himself clear. Loge took my boots and hid
them behind the bookcase. After we started, I told Jim we
would go down there, stay an hour or so and then return,
as Loge would never know any better no how, and so we
did. Covert was to be brought up to Henderson's that
night for trial. Another time we went hunting, Loge gave
me a carbine, but he and Jim both took shotguns, and he
walked in front and Jim behind me. I thought they
intended killing me. I was passing along the road once
when Jim Belt and George Ratcliffe, who were up on the
hillside lying behind a log, called to me, and, going up
to them, I asked them what in the h--l they were there
for. They said"to kill them a man". I told them
they would play the d---l. They said I would see if
Covert should come along. I was working at Ebb Dossett's
the next day after the murder of Hambrink, and Jim Belt
told me he stayed at Logan Belt's the night before.
DEFENSE
Thos. Leeper: He was cowardly, and was
made to go along with parties to waylay men. He had been
a law-abiding citizen ever since he "hopped out of
the Ku Klux Klan" (his own expression). He was not
there as a hired or bribed witness for the Oldhams. He
said he would not swear a lie for any man, and that,
though he bore the accusation of waylaying men, still he
167
thought that was a different thing, as
he was made to do that. He could neither read nor write.
He was at Ile Dossett's on the Sunday before; he was not
sent for, but just happened to go over. John Q. A.
Ledbetter, Sam Grindstaff and others were there. The
State's attorney was merely passing along and stopped to
get his dinner, when he again went on. He did not say a
word to him or in his presence relative to the trial of
Logan Belt and others for the murder of Hambrink. The
witnesses had not met for the purpose of talking over the
Belt trial He understood the nature of an oath. He had
never went to Belt's to work until some six weeks after
the murder of Hambrink.
PROSECUTION
W. D. Taylor: He had known the defense
nearly all his life. Sherwood had sworn him into the klan
in a dark ravine below Cave-in-Rock. About seventeen men
were present. Logan Belt had solicited him to join the
organization about a week before, saying that it was to
ferret out the Hambrink murder. This was, he thought, in
May. Belt told him to go to the cottonwood trees at the
mouth of Mitchell's lane, and someone would be there for
the purpose of conducting him to the place of meeting. He
arrived at the cottonwoods about dark, where he found B.
Z. Jenkins and Frank Hardin. Geo. Ratcliffe came and
showed them to the ravine. Logan and Jonathan Belt, Robt.
Sheridan, Wm. White and Earl Sherwood made speeches to
them. Jonathan Belt told them that devilment was going on
in the county which the law could not reach, and that the
purpose of this band was to hunt up and punish the
perpetrators. The oath was to stick to each other till
death, through all emergencies, and the penalty was death
for di-
168
vulging the secret. They were to give
notices to parties in order to scare them out of the
country and then if they did not leave, they were to be
taken out and shipped or other means resorted to. Signs
and grips were to be used, which were given by the
witness. They were to draw notes upon the various school
treasures in order to obtain money for their various
needs to purchase arms, etc. When they went to correct or
punish parties, they were to wear masks and high topped
or double-story hats, in which should be holes, and
contain lighted candles. False faces were mentioned, but
Logan Belt said he could not stand false faces, and that
long masks could be used instead. False faces were
suggested by Sherwood. If any had enemies, they were to
be punished. The meeting was held in May, 1879, in Clay
hollow, close to the Ohio River-some fifty or sixty yards
from the water's edge,--a wild, deep gulch, with broken,
dreary looking country surrounding. All present that
night were sworn in. They had no light. Jonathan Belt
said such bands were usually called, under ordinary
circumstances a "Ku Klux Klan",but that they
would style themselves the "Sons of Liberty".
Witness said they were to meet again, but he did not like
the proceedings, and did not meet with them any more.
Logan Belt said that night they would have the Oldhams
arrested for murder of the deceased, on suspicion, and
also on minor charges. They would take them before Esq.
Jacob Hess for trial, and W. S. Morris, he said would of
course be there to defend them, declare their lives in
danger and have a light guard placed over them. His
(Logan's) men would be hanging around so they would have
to use them as the guard. Jonathan Belt, who would be
just across the river with twenty-five or thirty men,
would come over to the Illinois side, take them away from
the guard
169
and over into Kentucky, where they
could be properly taken care of. Belt said he would have
a prominent man of the band to swear out a warrant for
their arrest. Zed Jenkins did not want to go into it, but
Logan Belt said that the life of one man was nothing
compared with the lives of sixteen or seventeen men. So
Jenkins was sworn in. Wm. White said he had belonged to
such a band before. The witness left the meeting
accompanied by Mr. Jenkins, Logan Belt and Frank Hardin.
He was at Logan Belt's afterwards, and Sherwood, Jim
Belt, and Robt. Sheridan were there. Logan said they
would hold another meeting and then decide whether they
would give up and abide by the law or fight it out.
Witness at that time lived on State road about one-fourth
mile from Belt.
DEFENSE
W. D. Taylor: But little that was new
was elicited by the defense. Witness was led to attend
meetings through misrepresentations to him of the object
of the meetings. As Hambrink had been killed, Capt. Belt
had his fence burned and afterwards his house burned,
Jacob Hess had wheat burned and a number of crimes had
been committed which the law could not reach, the witness
thought that something ought to be done, but he said when
he got there, he soon saw that their object was not to
put down crime, but to commit new ones; that when
Jonathan Belt stated that if any present did not wish to
join, then was to time to say so, and when, in response
to this, Zed Jenkins said he did not wish to join them
just then, where upon Logan Belt jumped up and objected
to Jenkins backing out, even threatening his life if he
did so, the witness concluded it was no use to refuse and
so joined them. But at the same time, he did not consider
170
it binding upon him as it was
compulsory. He did not again attend their meetings.
PROSECUTION
B. Z. Jenkins: He was a brother of
John Jenkins, ex-County Superintendent, and his father's
name was Nimrod Jenkins. He had been to Elizabethtown the
day before Hambrink was killed to pay his taxes. His
brother John was administrator of his father's estate,
and Mr. Renfro gave him some papers to take to him. His
brother John lived with his mother. He met Wm. Frailey at
Peters Creek; after speaking, Frailey asked him if he had
been to town, to which he replied in the affirmative and
passed on. He went to his mother's and ate supper there
tolerably late. He passed Mrs. Lackey's, Mrs. Edwards',
Art. Belt's, Ile Dossett's and Logan Belt's or near. It
was about two or two and a half miles from Logan Belt's
to Luke Hambrink's. Witness lived in the Hambrink
neighborhood. Frailey had overtaken him when within half
a mile of home and rode along with him until Jenkins'
house was reached, when Jenkins dismounted and Frailey
rode on. Their conversation while together was of simply
a casual nature. Frailey asked the witness what he had
been doing that he had not been home, and Jenkins told
him that he had to go around by his mother's and that it
had thrown him late. He knew the defense. He was sworn
into an organization on the 7th of May, 1879. Bob
Sheridan solicited him one day to meet with them on the
following night for the purpose of ferreting out the
Hambrink murderers. Sheridan began by talking to the
witness about the death of the deceased, and told the
witness that as he lived so near the scene of the
tragedy, he ought to take an interest in bringing the
perpetrators of the
171
crime to account. They were to hold a
meeting the next night, and the witness was to be at the
cottonwood clump late on the following evening, at the
mouth of Mitchell's lane, and he would be shown to the
place of meeting. The witness asked him who was going to
meet there, and was told that ten or twelve good men
would be there. Witness then said he would not go.
Sheridan told him that he had better go, as a man had
told him (Sheridan) to tell the witness "he had
better come". The witness went. George Ratcliffe was
there. Witness spoke of returning home, but Ratcliffe
told him to wait a little while. Wm. Taylor came along.
Then they went on around the corner of the field and met
Robert Sheridan, who said, "George, show the boys
down and I will come." They then passed on down
below the Thomas place, where Ratcliffe stopped and gave
a low whistle, which was immediately answered by Earl
Sherwood, who came out of the brush and went on down with
them into a deep hollow close to the river. They found
several men awaiting them there. Logan Belt, Jonathan
Belt, Earl Sherwood, William White and Robert Sheridan
made speeches. Jonathan Belt stated the object of the
meeting. He made the first speech, and said he supposed
they all knew what they were there for. They were
organizing in other places in order to rid themselves of
bad characters who lived among them, and that there were
bad men here. He thought there ought to be an
organization here for the purpose of getting rid of them.
He also stated that the organization was generally known
to the world as a Ku Klux Klan, but that another name
suited him much better, and that was that they should
call themselves the"Sons of Liberty". They were
to have a loose gown, with a cap for each, which they
could slip on over the head, and which would completely
cover the principal part
172
of the body. A high hat or cap should
be worn, with holes in the upper story and small lamps or
lanterns inside in order to frighten the people. These
masks were also for the purpose of not being able to know
each other when they should take out and whip a man, or
hang one, as then each man concerned would not be able to
tell what other men were there. He said that if they got
into trouble, they would have that plea to get out on,
for they would be so disguised from each other that no
one member could swear what other member or members were
participants in the crime. Logan Belt and Earl Sherwood
made speeches to the same effect. They were to draw notes
on township treasuries for the purpose of securing needed
funds, as they said some would need arms, etc., who were
too poor to buy them. In this way, they could be provided
with all things necessary. They were all drawn up into
line before the oath was administered, and Jonathan Belt
stated that if anyone wanted to draw out, then was the
time to do it. The witness objected to taking the oath
and refused to Join them, but Logan Belt objected to the
witness backing out, and said that the life of one man
was nothing when compared with the lives of sixteen or
seventeen men and that it would never do to let him off.
So then all were sworn in. Earl Sherwood administered the
oath, which was to the effect that "they were to
stick to each other till death. They were to keep
everything secret under penalty of death if any should
rebel against or prove traitor to the Klan." They
proposed to put the witness under a stronger oath after
he had refused to join them, but finally swore him in
with the rest. The witness was one of the men who swore
out a warrant for their arrest on the charge of forming a
Ku KLUX organization to the detriment of life and
173
the best interests of law-abiding
citizens. The impression of the witness, regarding the
oath he was compelled to take, was that it would be death
if he told it. Witness stated that on the 23rd day of
February, 1879, Wm. Greene came to see him, and told him
that Logan Belt had sent for him, as he wanted to see
him. He was at John Frailey's at the time and did not go,
and then Jas. D. Belt came after him in the evening and
told him that Logan said he must come. So John Frailey,
Frank Hardin and the witness went over to Belt's. When
they got there, Logan took Hardin out and talked to him
and then the witness. Belt told the witness that he had a
bad man under arrest, as he had, Belt said, been
waylaying me, killing stock, etc. This man was George W.
Covert, and Belt told the witness that he wanted him to
help take Covert out that night. He said the witness
could hold the horses while other men did the work. Work
was understood, Logan added. Wm. Lackey came while they
were talking, and Belt asked the witness how Bill Lackey
would do, and the witness told him he thought Bill would
do. Belt asked the witness if he would come back that
night. Witness did not know whether Hardin remained or
not, but said that Frailey went on home. When the witness
returned home from the Ku Klux meeting on the river, he
was accompanied by Art. Belt, Frank Hardin, Wm. Taylor
and Logan Belt--the three former together and Logan Belt
riding with the witness. Belt told the witness he was
willing to drop his case and have nothing concerning it
in the business. The only man he talked to the witness
about having arrested was Covert. The statement of the
witness was pretty much the same as that made by W. D.
Taylor, their statements corresponding throughout.
174
DEFENSE
B. Z. Jenkins: Witness stated that he
did not know whether a warrant had been issued for the
arrest of Covert or not, but Belt told him that he had
him under arrest and wanted him to help take him out.
Belt represented to them that the organization was for
the purpose of punishing crime, as they said bad
characters were coming into the county. Thomas Williams,
James Beavers, Capt. Belt and others had wheat, fences,
etc., burned and they must put a stop to it. Robert
Sheridan was captain of the band. The impression of the
witness when Sheridan solicited his attendance at the
meeting and refused to tell him whom else would be there,
but insisted on his going, saying: "a, A man told me
to tell you that he said for you to attend the
meeting," was that something was wrong. When
Sheridan would not tell him who the man was that said he
(witness) must go to the meeting, the witness at once
drew the idea that it was Logan Belt. He knew Sheridan
had been sent to him by Belt. Jenkins stated that he
attended the meeting that night with no bad intent,
whatever, and went simply because he was afraid to do
otherwise. He wanted to find out what was going on and
what was meant by the queer manuevering. Belt told them
they were to punish the man who burned Tom Williams'
wheat and James Beaver's hay, and if any had enemies,
they were to be punished also. He did not know that a
dance was to be held at Tobe Ledbetter's on the night
that Hambrink was murdered. Oldhams' did not hold
clandestine meeting or meetings of any kind. Jenkins had
gone and told Thomas Oldham that they had better not stay
a single night alone as they were in imminent danger of
losing their lives, and that they and he often remained
three or four of them together for self protection,
especially of a
175
night. They expected almost any time,
he said, to be taken out by the Ku Klux and all be
killed. Witness was a traitor to that organization and
they sought his life on account of it. Belt also wished
to exterminate the Oldhams in order that there would not
be much of a prosecution against Belt for the killing of
Doc. Oldham. Defense asked the witness if William White,
in his speech at the meeting, did not say that if the
purpose of their organization was to ferret out the
murderer of Hambrink, he was into it; but if it was to
meddle in or ferret out little private matters, he was
out of it--to which the witness responded that White had
no such talk. He said that he had been waylaid and that
two men had come to his house and threatened to shoot his
little daughter if she did not tell them where he
(Jenkins) was. Also, that guns were carried by
prosecuting witnesses in order that they might if
possible, defend themselves if assaulted by the Belt
faction. The Hambrink murder was mentioned at the meeting
below the Cave in connection with the burning of
Williams' wheat. Witness lived southwest of Hambrink and
did not pass Buckhart's or Hambrink's place that night.
He saw Frailey before he got home one mile from Hambrink
's. Frailey came trotting up and rode the same direction
with the witness for one-half mile. Witness lived one and
one-half miles from Belt. Frailey was going from Logan
Belt's.
PROSECUTION
Thos. Leeper: Witness was recalled
just after B. Z. Jenkins. Belt had told Leeper about men
that were in the Klan when he was sworn in. Belt had told
him afterward that Zed Jenkins and Frank Hardin had
skipped out, turning traitor to him. If he ever got a
chance, he would
176
kill them both, and that by G-d he
could take his gun and kill them just as free as he could
kill a squirrel. Logan Belt had also told him that Ebb
Dossett was scared pretty near to death, and, upon the
witness asking why, said, "Let me tell you. He
thinks he will be called upon to tell something; that
something is going to turn up, and now, G-d d--n his
soul, if he don't buck right square to the post, I'll
kill him."
Avarilla Dale: Witness was known as RiIla Belt. Logan
Belt was her father. Witness would be 21 years old the
20th of October next. Knew all the defendants. Was living
under her father's roof in 1878 and 1879. Jim Belt,
George Ratcliffe and Earl Sherwood were at Belt's on the
evening of Hambrink's murder. They went away, and Wm.
Frailey came by from town and ate his supper there.
Frailey and her father were there when she retired, but
she did not know what time it was. She did not know
whether her father remained at home that night or not.
Belt kept in the house two pistols, two shotguns, two
rifles and a carbine.
DEFENSE
Avarilla Dale: She slept in the
kitchen with a younger sister. There were three rooms in
the dwelling. She always retired at the first
opportunity--"first chance she got" was her
expression. Jas, Belt, Sherwood and Ratcliffe came to her
father's sometime in the afternoon preceding the night of
the murder of Hambrink, but left late in the afternoon.
They were walking. They took guns away with them, but had
not brought any with them when they came there. There was
a room in the upstairs of the dwelling that was finished;
the other rooms
177
above were not She went to bed before
her sister Jane did. Her father and Frailey where in the
house when she retired. Did not know where Jane slept.
Witness had married when only 16 years old, and was the
mother of two children. Did not remember Dr. Kane being
at her father's on the evening of the murder. She was
asked why she hated her father so bad. She said she did
not know as she hated him, but he had not treated her
right. She still could not say that her feelings were
very bitter against him. When Mr. Stelle repeated the
question, she declined to answer a second time, whereupon
Judge Baker commanded her to answer the question. Upon a
third demand by Judge Stelle, she told him that "it
was none of his business". Question again asked and
the witness then said " it was her business",
which was the only answer that could afterward be gained
on that question. She was at her father's once after he
was arrested. He was arrested on Friday, and she went to
see him on Saturday. She had never said to anyone that
she had been told that those who didn't know any thing
would have to be put in jail until they did know
something. No one told her that. She did not know what
would become of her. She did care as to what could become
of her soul if she was to swear a lie. Her father and
mother went to working at Ebb Dossett's the next day
after the murder of Hambrink. Guns were kept all over the
place. Belt, Sherwood and Ratcliffe got the guns in the
house-downstairs.
PROSECUTION
R. J. McGinnis: I have not been
present at the examination of the other witnesses. I am
acquainted with the defendants. Some well, others not so
well. I have known Sherwood since
178
1872. I had a conversation with
Sherwood in Dr. Moore's drug store after the
assassination of Hambrink. I was in Elizabethtown and,
like all men, went into the drug store. Sherwood was
drinking, and the doctor refused to give him any more for
fear of exposure. Sherwood referred the matter to me, and
Dr. Moore gave me the key to the back room and told me to
do as I liked or thought best about giving him more
liquor. I drew a small dram and Sherwood, before drinking
it, sat it down and asked me if I was not in favor of law
and order. I said yes. Sherwood then said, "We have
an organization above for the purpose of ferreting out
crime, as justice is very slow, and we do with them
whatever our chief says. The order of our chief is
supreme, and we do not turn them over to civil
authorities."Afterward, while in attendance at the
trial of Logan Belt in Shawneetown, Sherwood came to me
and asked me if I had ever told the conversation as
passed between us in Moore's drug store. I replied,
"No, Sherwood, I gave you the benefit of being
drunk."
Nothing new was elicited by the defense.
Sina Hambrink: My name is Francis Sina
Hambrink. I am fifty-five years old. Luke Hambrink was my
husband. Don't remember what year we married. Was always
hard of hearing. I remember the circumstances. I saw Loge
Belt that night; he came to my house an hour after dark,
and told me he was going to kill Hambrink, Luke was at
Buckhart' s. Never heard the pistol shot. I was in bed
when Luke fell in the door. The noise awoke me. The door
was latched and I made a light. The first I knew, he was
killed. He slept in the new house with Peter, my son, and
the hired boy, Sherman Browning. I had not told it
because they hadn't asked me.
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DEFENSE
Sina Hambrink: I did not sleep in the
room with Mr. Hambrink because there was no room, as he
had hired help. We ate together--at the same table.
Sherman slept in the room with Luke. I never went to bed
until he come back from Buckhart's. I asked how the sick
woman was, and he told me she was better and said he
believed he would go to bed. Yes, I Bade him good night.
I then went to bed. I had been in bed about two hours
when I was awakened by the noise made by Mr. Hambrink
falling in the door of my room. I guess it had been about
two hours but I don't know. We had no timepiece. I think
it was about eight o'clock. Luke was lying in the door on
his face with his feet on the door steps. He was just in
his night clothes--shirt and drawers,clothes he had worn
all week. He had not changed underclothing. I pulled the
pitchfork out from under his arm. It was not Sunday. I
had Buckhart's two largest children and two of my own at
home. None of the children were bleeding that I knew of.
I awakened Peter to go after Charley Buckhart and Henry
Ledbetter came first. Several others came; father for
one. Jack Oldham was not there at all that night. I
stirred up a light in the fireplace and felt of his
clothing and knew him by his clothes. He wore home-made
clothing that I made myself, and I knew them by feeling
of them. I said I didn't go to bed until after hecame
from Buckhart's. I didn't undress. I hadto be up and down
with the children. I never undressed at all that night.
Peter went to bed after the children did. Luke stayed in
my room about one-fourth of an hour and talked about the
sick woman. I did not go to his room that night. I did
not go out on the porch with him. Loge Belt had been
there that night. I did not tell him what
180
Belt said. I was afraid. I knew that
if he was mean enough to kill my husband, he would be
none too good to kill me. We were getting along well and
pleasantly; sometimes quarreled some, but not much. He
would sometimes get fretted and not talk much either to
me or anyone else. I never hated him. I loved him, of
course, or else I wouldn't have lived with him. When I
wanted money, I got it if I called for it. I never heard
or knew that he was going to leave me. We had never slept
together since the new house was built. I had not slept
with him for eleven years, as we did not have room in the
beds for the hired hands without sleeping apart. Tobe and
Henry Ledbetter are my brothers. Jim and Jack Oldham are
my sons-in-law. George and Frank Dale were my
sons-in-law. Yes, I felt kind and devoted towards him at
the time of his death, and had no idea,when he bade me
good night, that it would be the last time. I don't know
whether there is any h--l or not. I don't know anything
about that. I think there is a God. I think He will
punish wicked people. Question: "Do you havea
soul?" Witness: "What is that? What is it
for?" Yes, I think I'll be punished if I do
wickedly. I never done anything to myhusband. I did not
kill my husband. I wouldnot be afraid to meet God and
Luke together. I say it is true that Loge Belt was there
that night. I expect to die, but I'll never be punished
for that. Sherman got up when I called him and came into
my room. I had one sick child, that was the reason I
didn't undress, for I had to be up and down with it. The
children did not awake till morning. The deceased never
refused to let his children have money. He told me he had
put his money in the bank at Shawnee