The Madill Record (Madill, Okla.), Vol. 24, No. 31, Ed. 1 Thursday, February 9, 1933 Page: 1 of 8
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1 MADILL BOY IS ni 0-1 r-Th
CONVICTED OF li
g
PATRICIDE '
if
fi ! t - ‘-- J
r Jury's Verdict Is Based -
MADILL BOY IS
CONVICTED OF
PATRICIDE
Jury's Verdict Is Based
On Instructions of
Manslaughter
Fifteen years imprisonment was the
peralty assessed against W L Baker
Jr when he was found guilty by a
jury Wednesday afternoon
The youth who was but 17 years
old when he shot and killed his halt-
er had pleaded temporary insanity In
Lib trial in district court here
Origittal instrtte4on8 to the Jury
were for first degale murder only Life
Imprisonment deep or freedom were
the only choices given the jury After
the Jury had bee out from 6 o'clock
Tuesday afternoon until about 3
o'clock Wednesday afternoon how-
) ever they reported to Judge Newman
T who then gave them a manslaughter
instruction which enabled them to fix
the penalty at 15 years' imprisonment
They returned this verdict in less than
an hour
The trial started Monday morning
Not quite two hours were taken to
select the jury to hear the case
The courtroom was crowded to ca-
pacity when the trial started and
every session saw every seat in the
room ocupied and many onlookers
standing about the walls
Sam Y Colby county attorney and
Sam Lattimore from the attorney
THE JURORS:
J D 1c4free Lebanon
S P '1Merson Route 21
'-' Jim Ewing Madill -
11 Vick Route 1
F M Rauch Route 1 - '
John Durham Woodville
A I Flynt Kingston
D White Madill
0 W M Rahiline WoodvWe'
I Ed Doversplke Cumberland
4 qt D A Woods Aylesworth
10"W E Ilotat' 3
general's office Oklahoma City rep-
resented the state in the case and Don
Welch and R W Richards represented
the defendant W L Baker Jr
Colby read his statement of the boy's
guilt beginning at 11:30 and ended Rt
11:50 and from then until 12:10
Welch read the plea of insanity for
the defendant The court Adjourned
until 1:15 ' "
' ' v
21 r
- -
WAHAA As4400
Id The first witness for the defense was
:Wiley Bryant negro who was em-
ployed by W L Baker Sr" and was
with him at the time he was fatally
shot by his son W L Jr then 17
years old
Bryant testified that he had known
his employer about a year He had
gone to Willis that morning with Mr
Baker after a load of hogs and cattle
he testified and at Enos Wiley was
told to ride a horse said to belong to
W L Jr to town which was to be
brought to Madill for treatment of
wounds as shown in the testimony
W L Jr warned Wiley not to ride
the horse off and he didn't but Mr
I3aker rode the horse away
Paul Gardner brother-in-law of W
119 Jr with whom W L was making
his home at the time of the shooting
asked Wiley Bryant "Do you think
Mr Baker is treating W L right about
the horse" Wiley testified
Wiley also testified that he heard
Paul Gardner ask Mr Baker who shot
6 him and Baker replied "you know
who shot me"
Wiley testified thathe put Mr Bak-
- er in his own truck and started toward
t Madill with him and had driven about
half a mile from the Enos store when
a shot was fired through the back
glass of the cab of the truck Mr Bak-
er slumped against Wiley's shoulder
Wiley testified Wiley raised him up
and jumped out of the truck and saw
W L Jr walking away from the
truck Wiley testified that he did not
know the boy was in the back of the
P truck and when the shot was fired
be first thought he had had a flat
tire
He further testified Mr Baker was
not armed
' 1 The second witness on the stand was
Roy Young Enos He testified that he
bad known Mr Baker twelve years but
gave little testimony concerning th3
ease
The third witness was Jeff Hern-
don at the time of the killing an em-
ploye of the Watts Funeral Home He
testified that he had known Mr Bak-
' er between four and five years He
Itestified that about 11:15 he was
called to the south part of the county
and that he found Mr Baker sitting
In a truck dead He further testified
that he did not examine the truck
but in helping prepare the Baker body
for burial he saw one wound across
the front of the head above the fore-
bead and one In the back of the head
Gene Lee was the next witness called
but he fallEd to appear and a bench
warrant was made out for his arrest
and a fine of $25 assessed against him
The fourth witness on the stand was
will Skiver Enos The substance of
- YP
(Oontinued on Paco 1)
NEW HIGHWAY
LARGE VOLUME OF TRAFFIC
Some highly interesting Informa-
tion concerning State Highway No 48
which passes through Madill in its
course 'across the state from the Kan-
sas to the Texas line is embodied in
the biennial report of the
State Highway Commis
sion which has just beer
submitted to the Legisla-
ture Through the efforts of
J P McKeel of Ada
member of the State
Highway Comraission S
H No 48 was extended
across the state and given
federal and state designa-
tion during 1932 Consid-
erable improvement al-
ready has been mede on
the Highway and in all
probability it will be the
next north and south
highway to be paved The
steps already taken by
Commissioner McKeel to-
ward the development of
this highway is pointed to
in the Highway report as
one of the outstanding ac-
complishments in a record
breaking year in 1932 in
Highway developments in
Oklahoma
That part of the report
whiCh compare ' the Im-
portance of S E No 48
with Highways No 77 and
No 81 which are com-
pleted 'north and south
Highways says in part:
"Reference to the State
Road Map siaws that U
S trighsisy No V crosses
the apppriminia-e— geo-
graphic center of the
state and is paralleled to
the west by Highway No
81 The location of High-
way No 48 may be said
to have the same relation
to Highway No 77 on the
east that Highway No 81
bears on the west There-
fore it appears logical to
compare the taxable
wealth area and popula-
tion of the territory to be
W05511110P
E1
co
served by Highway No 48 Reprinted from the Biennial
with that of Highway No Highway Commission
81 In suppoprt of its ac-
tion in the designation of Highway S H No 48 cl
No 48 for improvement the Commis- line of the State
sion points to an analysis by Dr W E portant road acn
Grisso President of State Highway No as leading din
48 Association in which he compares Sherman McKim
the importance of U S No 81 and S Waco Houston
H No 48 In this analysis comparison easy turn-offs f
Dr Grisso among other things says: an Antonio In
"I have looked into the area the being promoted t
Population the assessed valuation and states through w
the amount of taxes paid for the past the Gulf to Cam
four years by counties through which miles shorter acn
Hjghway No 81 passes and the coun- lahoma than is U
ties through which No 48 will pass siderably shorter
"We find that the area of counties
through which U S No 81 passes is
6612 square miles Or 9 of the total
area of the State The population is
201912 or 085 of the total popula-
tion of the state The assessed valua-
tion is $19158235100 or 10 of the
assessed valuation of the entire state
The amount of taxes paid for the
years 1927 to 1930 inclusive is $9897-
10000 or AA of the taxes paid by
the entire state
"We also find that the area of the
counties through which S H No 48
will pass is 8585 square miles or
0125 of the area of the entire state
The population is 404743 or 21 of
the total population of the entire
state The assessed valuation of these
counties is $31227714800 or 17 of
the total assessed valuation of - the
entire state The amount of taxes paid
for the years 1927 to 1930 inclusive is
$4063062500 or 35 of the taxes paid
for the entire state
"I wish to call your attention to the
comparison of area Population as-
sessed valuation and taxes paid by ths
people along the two routes and to the
further fact that U S No 81 is now
almost a completed hard surfaced
'road from the Kansas to the Texas
'line while proposed No 48 which has
SUDDEN ZERO WEATHER RUINS AUTO MOTORS
-000— —000— --o0o
-
Zero temperatures were recorded
here Tuesday and Wednesday In the
worst blizzard of the year -
Following weeks of springlike weath-
er the blizzard struck early Tuesday
morning while everybody was asleep
Within a few hours the thermometer
had dropped to 6 degrees above zero
Tuesday night the thermometer took
another dive to go 2 degrees below
the zero mark
Appproximately $5100 worth of
damage has been done to cars trucks
MADILL MARSHALL COUNTY OKLAIIONIA FEBRUARY P 1933
48 TO HANDLE
more than twice as many people and
population and pays four times as
much taxes has only forty miles of
hard surfaced road on the whole pro-
posed route" -
Medforck
KANSAS
F711FMMAMMI
OKLAHOMA
Pawhu
D
2
Ponca C49
1
Enid
Cleveland
al
rry
N
co
14
Drumn9ht
iZ1
'Kingfisher
Edmone
El Reno F r
Outhne
Oklahoma City (Prague -
11
Norman Seminole
1e7dng- ton
Konewa
Ad
0
Chickasha
Purcell
Paut5V'aliey
4Iyanewood
Dews
Tishomingo
waurika "Ardmore
'Medal
Marietta
A
-e4
11?
SKETCH SHOPlNa sEcnom THRI ' 442
OKLAHOMA & COMPARATIVE 0STANCES
APART Of L1S8 LtS77 AND STATE HWY 48
vnimionmiso
Report
of the State
S H No 48 connects at the south
line of the State with the most im-
portant road across the state of Tex-
as leading directly into Denison
Sherman McKinney Dallas Hillsboro
Waco Houston and Galveston with
easy turn-offs for Port Worth and
San Antonio In fact this highway is
being promoted by the people of the
states through which it passes from
the Gulf to Canada It is fifty-seven
miles shorter across the state of Ok-
lahoma than is U S No 75 and con-
siderably shorter than is U S No 73
or 77 It passes through the oil pro-
ducing territory of the state through
agricultural areas and through sec-
tions of the state having no other
north and south highway
Whooping Cough and
Flu Fatal to Baby
Lambert Roberts one-month-old
son of Mr and Mrs Solomon Roberts
of the McMillan community died about
3 o'clock Saturday of influenza and
whooping cough Funeral services Were
held Sunday afternoon
REECES HAVE NEW SON
A nine pound on arrived In the
home of Mr and Mrs John Reece of
the Oklahoma community Saturday
night Mrs Reese and son are doing
well the physician reports
DAUGHTER FOR JOHNSONS
-
Mr and Mrs Ernest Johnson of
Oakland are the parents of a seven-
pound daughter born Sunday after-
noon Mrs Johnson and daughter are
reported to be doing nicely
-000— --o0o— —00o
and machinery in Marshall county
since Monday night according to re-
ports from garages In Madill
The Paborn Chevrolet company re-
ports 57 wrecker calls from 6 o'clock
Tuesday morning until 9 o'clock Tues-
day' night The Woody Motor Com-
pany reports between 50 and 60 and
the Pat garage reports a large
number of frozen cars and trucks
Probably the most damage done to
a single car was to the Buick sedan
owned by Mrs Bill Rollins The block
'ROAD WORKERS
TO BE ISSUED
CERTIFICATES
Legion to Help Local
Labor Get Work on
County Highways
k
- Assurance that at least 75 per cent
local labor will actually be used on
road construction work now under
way In Marshall county was seen in
action taken by the local post of the
American Legion at a meeting Mon-
day night according to Tom Ray post
commander
Contracts for local work specuy that
at least 75 per cent of the labor used
must pe employed locally Contractors
and engineers have great difficulty in
checking up on this however because
they have no way of knowing Just
which workmen actually live in Mar-
shall county
In order to solve this problem the
Legion here has arranged to furnish
a certificate to every person seeking
employment on this work showing Just
how long he has lived in Marshall
county
' A -committee composed of Leonard
McKenzie C M Jones and Dick Per-
ryman was named to be in charge of
Issuing these certificates Any two of
these committeemen can sign the cer-
tificate The certificate will not guarantee a
Job to the person to whom it is issued
it Is pointed out but will merely show
that he is eligible to bp employed
Persons seeking work or who are
already ormployed on this work are
urged -to secure these certificates ' at
TRADES DAY IS
HAMPERED BY
BAD WEATHER
Articles Sold -However
Bring Good Prices at
Monday Auction
-
Good prices for articles sold at the
First Monday Trades Day and Auction
were reported by those in charge of
the event
A similar tradts day and auction
will be held the lirst Monday in March
which will be March 6
Inclement weather cut down at-
tendance at the trades day Monday
Threatening rain and cold made It
difficult for farmers to get to town
with the result that many who had
planned to come were unable to get
here
A much larger crowd is expected at
the next event of this kind as the
citizens gradually learn what the
trades day means and realize that it
affords the best medium of exchange
Whiskey Still Is
Captured Friday
Sheriff's Force Arrests
Two on Charge
A Etill in operation was captured ten
miles north of Madill near Bell creek
Friday by Sheriff Taylor Splawn and
deputy Joe Everett J S Hicks and J
P Penrdngton were arrested in con-
nection with the raid
A vat fourteen barrels of mash 120-
gallon cooker and seventeen and a hal
gallons of whiskey were confiscated by
the officers
Hicks and Pennington pleaded guilty
and were fined $50 and costs and sen-
tenced to thirty days in jail according
to Sheriff Splawn
—o0o— —000— —000
cylinder head and radiator to Mrs
Rollins' car burst- Approximate
damage was $200 Only about two
weeks ago Mrs Rollins' car had been
worked over in a local garage
Others suffering large losses were
Lew Kilbourne Charlie Williams H
L Luker C C Carroll Mrs Edward
Moored Chevrolet Motor Co J H
Cooper Jack Cox Aubrey Underhill
Dave Jones S J Whittle Leonard
Woody E P Norwood Fred Reid
Shorty Cay lor and the Ables Con
"HOW OLD ARE YOU" THE
SPEAKER ASKED—MORE
THAN100 RECORD SAYS
"How Old Are You?" was the
sermon subject chosen by the Rev
H A Carlton conducting the
Methodist revival here last Wed-
nesday evening
Being a former radio artist the
speaker dedicated the sermon to
Rev J C Morris local pastor In-
cidentally it was the pastors
birthday t
The Madill Record capped the
climax next morning however
when the paper came out stating
that Rev Morris had been pastor
at Lebanon in 1808 and 18091 But
what's a mere hundred years?
Mrs Haynie Dies
of Pneumonia
Wife of Kingston Phy-
sician Succumbs
Mrs Hattie Bell Haynie 40 wife of
Dr W D Haynie of Kingston died
at the family home about 7 o'c1o4:k
Wednesday evening following an ill-
ness of pneumonia Mrs Haynie had
the infinenza about Christmas recov-
ered but became ill again about a
week prior to her death
Funeral services were held at the
1Methodist church of Kingston at 2:30
Friday afternoon conducted by the
pastor Rev J H Miller assisted by
Rev J H Co& and George Henry
Burial was in the Kingston cemetery
with Watts Funeral Home of Madill
in charge
Pall bearers were Leo Martin M A
Harvey Frank Massey R L Lindsey
Bob Williamson and R A Rea Flower
girls and boys were members of the
senior class of Itingston ificluding
Misses Pauline Ringle Cora Lucille
Driver Velma Peacock Lucille Lind-
sey Geneva Landram and Eileen
Haggard and Pete Byrd Bob Hawkins
and Bill CarrolL
Mrs Hattie Bell Thorne Haynie was
born November 9 1892 at Lehigh Okla
She was converted and Joined the
Methodist church at the age of 18 in
910 she was married to Dr W D
Haynie then of Powell They later
moved to Kingston establishing their
home there several years ago
Surviors of the deceased are her
husband Dr Haynie three sonsMar-
shall Boyce and Horace four daugh-
ters Ma Mae Lois Elna and Thelma
Ree her parents Mr and Mrs W A
Thorne of Willis four brothers Er-
nest Thorne Madill Burris Thorne
Walters and Willis and Walter Thorne
both of Willis two sisters Mrs Virgil
Stein Tulsa and Miss Opal Thorne
Willis
litmg Jury Result
of Pearce Trial
Jury Unable to Change
9-5 Deadlock
Hung Jury resulted in the case of
Cecil Pearce Simpson tried for as-
sault with intent to kill Rouster Rus-
sell also of Simpson with nine desir-
ing conviction and three acquittal
Pearce was taken back to jail
R W Richards local attorney reps
resented Pearce in the case The jury
deliberated from 2 o'clock until nearly
6 o'clock Wednesday afternoon
Pearce was said to have attacked
Russell with a knife in self-defense
on August 14 1932 Russell is said to
have attacked Pearce with a water
bucket
Judge Huffman Indian boy was the
only' eye-witness to the scene Russell
was in an Ardmore hospital for some
time for treatment of the knife
wounds
Mr and Mrs Albert Kimball of Ard-
more visited in the home of Mr and
Mrs Herbert J Pate in Madill Wed-
nesday evening
-00o— --000
struction company It is reported at a
local garage that five cars belonging
to the latter concern were damaged
by the freeze
Tuesday night was the first night in
four years that the hydrant at the
rear of the Woody Motor Company
froze according to Charlie Crider
night employe who has been work-
ing there that many years
Water pipes in a large number of the
homes In Madill froze
NUMBER 21
IpMMU
ftwomoll
CHANGES PLEA'
ON DAY BEFORE
TRIAL IS SET
Cafe Owner Sentenced
To 100 Years in
Penitentiary
-
Jim Scott pleaded guilty to murder
Wednesday jafternoon and was men-
tenced to 100 years in the peniten-
tiary llis trial for the murder et Abe
Work was to have started today He
appeared before Porter S Newman
district Judge yesterday however anti
changed his plea of not guilty to a
plea of guilty and asked the mercy of
the court
The fatal shooting took place at a
dance at the local American Legion
hut February 7 Work a former deputy
sheriff ha-1 raided Scott's cafe while
he was an officer and the shooting
was seen as a result of this
Paul Broadrick present at the time
of the shooting is still being held in
federal court on a chargt of intimi-
dating a government witness in con-
nection with the shooting Work was
to have been a witness against hint in
a liquor case in federal court Ills pre-
liminary hearing is set for next Mon-
day -
TREASURERS
NOW READY TO
COLLECT TAX
April 1 Will Be Last
Day for Payment
Without Penalty
County tax rolls have been com-
pleted and turned over to the county
treasurer's office so that tax collec-
tions for the past year can be started
Acceptance of the tax rolls will be
as of February 1 according to C T
Morris county treasurer and citizens
will have sixty days from that time to
pay taxes
If the first half of the tax is paid
within the sixty-day limit or by April
1 then the taxpayer will have until
June 15 in which to pay the last half
W P Morgan county assessor has
been working on the tcx rolls for the
past thirty days arrd everything no
is in readiness for tax collections
There will be no resale held this
year according to decision of Mr Mor-
ris because of general bad conditions
throughout the nation Holding a re-
sale at this time would work consid-
erable hardship on everybody con-
cerned it Is believed and great diffi-
culty would be found in selling the
property
A bill bfore the state legislature at
the present time proposes to remit
penalties and Mr Morris is going on
the theory that this measure will pass
and that the penalties will be remitted—
This measure applies only on tax
penalties for years prior to 1932 how-
ever and in order for the taxpayer to
take advantage of this concession the
taxes must be paid by December 1
1933 The bill does not affect 1932
taxes in any way and payments and
penalties are scheduled as usual
The drive to collect personal taxes
for years prior to 1932 is still under
way and considerable collection is re-
ported Advertising of delinquent per-
sonal taxes will be started within a
comparatively short true according to
Mr Morris
Arrangements are being made in
cases wherein the delinquent taxpayer
holds county warrants which cannot
be cashed so that these warrants may
be turned over to the county treasurer
and held by him as security for the
payment of the personal taxes In such
cases as these tie delinquency will
not be advertised
Rev Dale Is III of
Ptomaine Poisoning
Rev George A Dale pastor of the
Madill Baptist church suffered an at-
tack of ptomaine poisoning Saturday
night and was unable to fill the pul-
pit at his church Sunday morning
The Sunday evening services were
dismissed in order for the Baptigft :
members to attend the Methodist itt-
vival which is being conducted by
Rev and Mr& IL A Carlton of Milburn
4
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Pate, Herbert J. The Madill Record (Madill, Okla.), Vol. 24, No. 31, Ed. 1 Thursday, February 9, 1933, newspaper, February 9, 1933; Madill, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc2138339/m1/1/?q=%22%22~1: accessed July 16, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.