Winnes Murder Trial 1921 Harlan Co Submitted by Mary Lou Hudson Middlesboro Daily News, Middlesboro, KY Jan. 13, 1921 Indictment Found Against Dr. Winnes In Parsons Case Harlan Grand Jury Acts After Extensive Probe -- Trial Will Begin Next Thursday - Bond Fixed At $10,000 Harlan, Ky., Jan. 13 -- Dr. H.C. Winnes, former State veterinarian, was indicted yesterday by the Harlan county grand jury for the murder of Miss Lara Parsons, Pine Mountain school teacher, whose body was found a short distance from a mountain trial leading to the Pine Mountain settlement schol (sic) on September 9, two days after she had been assaulted and murdered. The indictment of Dr. Winnes marks the first definite step taken by Harlan county authorities to prosecute the case, thought previous to the session of the grand jury several thorough and exhaustive probes have been conducted. Dr. Winnes was in the courtroom when the indictment was returned against him. Following the submission of the indictment to the Circuit Judge W.T. Davis, Commonwealth's Attorney J.G. Forrester requested the court to fix Dr. Winnes bond at $10,000. Judge Davis fixed the bond in this amount, which was given by Dr. Winnes. His bond was signed by George Howard, of Harlan County, and D.C. Jones and Former Judge Hall, his attorneys. Only one indictment was returned in the Parsons case. Jerry Reed, negro, was held to the grand jury at the same time with Dr. Winnes, but the grand jury failed to return any indictment against him. Trial of the case against Dr. Winnes will began here in circuit court on Thursday, January 20, it was announced late yesterday afternoon. Both the defense and the prosecution have agreed to try the case immediately and both sides will answer ready when the case is called by Judge Davis. When the grand jury first began its investigations last week, Judge Davis stated he would try the case during the present term of court if it was the wish of the defense and the Commonwealth. To do this Judge Davis has postponed his civil docket until the next term of court. It became known yesterday morning that an indictment would be returned against Dr. Winnes. The indictment charging Dr. Winnes with the murder of Miss Parsons was voted for unanimously by all members of the grand jury, according to several person who attended all proceedings of the court during the past few days. The jury during the past several days has devoted its entire time to the investigation of the murder of Miss Parsons. Appeals from various sections of the state urging that a thorough investigation be made, led Harlan authorities to probe every possible angle of the murder. ______________________________ Middlesboro Daily News, Middlesboro, KY Jan. 21,1921 Selection Of Jury To Try Winnes Begins After Court Convenes Today Harlan, Jan. 21. -- Hundreds were present when circuit court convened this morning when Dr. Winnes, the veterinarian, was placed on trial, charged with the murder of Miss Lura Parsons last September. The selection of a jury for the trial of Dr. Winnes was begun this morning after the completion of a minor case, hearing of which began yesterday morning. When the case was called for trial yesterday the defense, through its attorneys, asked for a continuance, declaring that a material witness was absent. Judge Davis heard the request and refused to postpone the trial, declaring that the court was determined to proceed in the case. Affidavit is Filed. Following Judge Davis' action in overruling the motion for a continuance, the defense filed an affidavit late Thursday in which it was declared that A.B. Broughton, a former guard at the prison camp at Dillon, was a material witness, and that he was ill and at his home in Knox county. The affidavit said that the defense considered that Broughton's testimony was essential. The affidavit asserted that Broughton would testify that two convicts left the prison camp five minutes after Miss Parson passed on her way from the railroad station toward the settlement school and that they were gone about one hour. There were no guards around at this time and these prisoners were out unattended, Broughton would testify, the affidavit affirmed. It also stated that Broughton would say that Dr. Winnes had not reached the prison camp for an hour or an hour and a half after Miss Parson passed. Charges Interruption. The statements of the defense also asserted that Broughton, if he could appear, would testify that he had been making a quiet investigation within the prison camp when C.M. Green, state superintendent of prison camps, discharged him, alleging that he was intimidating convicts and that Broughton would allege further that officials took the position that the prison camp was "the state's business" and that persons who were investigating the murder had no right to inspect the camp or extend their investigation to it. Broughton also would testify, the affidavit asserts, that virtually no effort was made on the part of the officials in charge of the prison camp to investigate within the camp following the discovery of Miss Parson's body after the attack and murder. Judge Davis, after hearing the affidavit, ruled that it could be introduced as evidence. Right To Produce Him. The judge also announced that he would give the right both to the defense and to the commonwealth to name a bailiff to represent each to produce Broughton in the court if his presence continued to be considered necessary. State Senator Hyram Brock, of Harlan county, teachers of the Pine Mountain school and club women from other parts of the state, who aided in raising money to be used in the prosecution, were in the mountain courtroom. Jerry Reed, negro convict, who was held to the grand jury along with Dr. Winnes at their joint examining trial, is still in jail here. He was one of the negroes at the convict road camp, near the scene of the murder. ______________________________ Middlesboro Daily News, Middlesboro, Ky Jan. 22, 1921 Special Venire Of 100 Is Summoned To Try Dr. Winnes Hearing Of Evidence In Case Not To Start Before Monday Or Tuesday -- Feeling In Harlan County Is Intense. Harlan, Ky., Jan. 22 -- Hearing of evidence in the trial of Dr. H.C. Winnes, charged with the murder of Miss Lura Parsons, Pine Mountain Settlement school teacher, will not start before Monday or Tuesday of next week. A special venire of 100 talisman, from which to choose the jury that will try Dr. Winnes, was summoned by Sheriff H.H. Howard of Harlan county. Circuit Judge W.T. Davis instructed the sheriff to go outside the county, if necessary, to get enough men. It is expected that at least two days will be occupied in selecting the jury. The feeling in the community is very intense over the trial, and Harlan is thronged with people of the surrounding towns, who began collecting here several days ago. The hotels are overflowing, and more people are pouring in all the time. One hears the trial discussed on all sides -- in the railway station, in the trains, on the streets, in the hotels -- by both men and women. That is a reason why the court officials feel there may be some difficulty in obtaining a jury. The case has caused so much comment throughout Harlan county, and a majority of the citizens are believed to have expressed their opinions. ______________________________ Middlesboro Daily News, Middlesboro, KY Jan. 24, 1921 3 Jurors Needed To Complete Jury To Try Dr. Winnes Up To 2 O'clock This Afternoon Only Nine Men Had Been Accepted -- Another 50 Talesmen May be Necessary. Special to The News. Harlan. Jan. 24. -- At 2 o'clock this afternoon a total of nine men had been accepted by both sides and further efforts to try Dr. H.C. Winnes, former state veterinarian, charged with the murder of Miss Lura Parsons, Pine Mountain Settlement school teacher, were again postponed. The entire morning was used trying to secure the four additional men needed with the total of eight that had been accepted up until Saturday night. It has been reported that nine had been accepted up to that time, but this was an error caused by a misunderstanding. It is thought this afternoon if the special venire of 100 talesmen, summoned Saturday is exhausted without the three jurors secured needed to complete the jury it may be necessary to go out of the county for another venire of 50 talesmen. However, this is only a conjecture advanced by several county officials who declared such an emergency possibly might arise. Because of the delay in securing the jury hearing of evidence in the case my not start before late Tuesday or Wednesday morning as it is figured it will require the balance of today and part of Tuesday to secure the jurors needed. Old and Young Appear for Service. Old men and young appeared for service on the jury with W.S. Kelly, aged 80, as the eldest. There were a number of youths just past the eligibility age. Mr. Kelley was excused because his age exempts him under the Kentucky law. The best legal talent available in Eastern Kentucky is participating in the trial. Special Prosecutor Byrd, employed by the Pine Mountain Settlement School through a fund raised by public subscription to assist District Attorney J. Grant Forester and his brother, County Attorney J.R. Forester, is the man who is credited with breaking up the Breathitt county feuds through his prosecutions of the feudests and who sent Curt Jett, Beach Hargis and Tom White to the penitentiary for life. ______________________________ Middlesboro Daily News, Middlesboro, KY Jan. 25, 1921 Testimony of State's Principal Witness In Winnes Murder Case Is Torn To Shreds Rufus Wilson, Convict Camp Official, When Cross-Examined Refutes Statements Offered In Testimony -- Defense Witness on Stand Tonight or Tomorrow Morning -- Case Will Probably Go to Jury Before End of Week. Harlan, Jan. 25, -- With five witnesses for the prosecution examined up to 2.30 this afternoon in the trial of Dr. H.C. Winnes charged with killing Miss Lura Parsons, Pine Mountain teacher, near Dillon last September, the case is now well under way and it is predicted it will be given to the jury by the end of the week. Evidence submitted by the prosecution's witnesses so far is of such a nature to indicate that the commonwealth's case against the veterinarian is not as strong as was supposed before they were put on the stand. The testimony given so far has been tame and not as incriminating as anticipated. Witnesses for the defense probably will begin testifying tonight or Wednesday morning. The testimony of Rufus Wilson, convict guard superintendent who testified for the state last night, was torn to pieces this morning on cross- examination, and weakened the case of the prosecution considerable. The superintendent was interrupted several times during the cross-examination by D.C. Jones, attorney for the defense, and made to refute statements offered in his testimony. Jury Secured Late Yesterday. the jury was obtained late Monday afternoon. The last three men accepted are Andrew Queener, E.N. Miles and James Stewart, all miners. the selection of the jury, which required three days, was obtained only after 188 men had been examined. Two special venires had been called before twelve acceptable men were secured. Rufus Wilson, assistant superintendent of construction at the convict camp near Dillon, was the first witness called by the state when the taking of testimony opened Tuesday afternoon. Wilson testified that he was at the prison camp at the time Miss Parsons passed along the trail leading from Dillon to the Pine Mountain school. He also stated that Jerry Reed, Allen Porter, Sam Ellery and a convict named Stubblefield were at work on the road at the time Miss Parsons passed the camp. While he was on the stand Attorney A. Floyd Byrd, of Lexington, who is assisting in the prosecution, brought a large map into the courtroom and had Wilson point out various locations which have played important parts in the murder mystery. Attorney Forester declared in his statement that the state would prove that Dr. Winnes followed closely behind Miss Parsons on the Mountain trail; that he was on the trail at the same time as was Miss Parsons, and that while crossing the mountain he pretended that he was lost. The attorney also declared that the state would try to prove that Dr. Winnes actions at the Pine Mountain school were peculiar and sufficient to arouse suspicion Attorney For Defense Talks In the statement for the defense Attorney D.C. Jones declared that the defense would show that Dr. Winnes and Miss Parsons met for the first time at the railroad station at Dillon and that their actions there indicated that they had never seen each other before. the actions of Dr. Winnes, according to Attorney Jones, were at all times those of a gentleman and he stated that the testimony would show that Winnes arrived at the school after 3 o'clock on the day Miss Parsons was murdered and began his examination of the cattle at the school at 4:15 o'clock. Dr. Winnes also went to the scene of the murder. Attorney Jones said, and there, in the presence of a large number of armed men, showed no signs of ever having been at the spot before. The defense will also show, the lawyer declared, that many others had an opportunity to commit the crime and that convicts and guards were on the mountain while Miss Parsons was passing over it. Robert B. Franklin, of Lexington and Frankfort, one of the best known lawyers in the state and the prosecutor in the Goebel murder cases of 15 years ago, is assisting in the defense of Dr. Winnes. ______________________________ Middlesboro Daily News, Middlesboro, KY Jan. 26, 1921 Witnesses Say Winnes Followed Teacher Closely Third Day Of Trail Starts With Prosecution Witnesses Still On Stand -- Judge Makes Ruling In Case. Harlan, Jan. 26 -- The little courtroom was crowded today when court convened on the third day of the trial of Dr. H.C. Winnes on trial charged with the murder of Miss Lura Parson, Pine Mountain school teacher. The evidence given by prosecuting witnesses this morning furnished nothing sensational and was along the line of the testimony given yesterday and last night. It is planned to hold night sessions until the case is given to the jury. The defense witnesses probably will be called either tonight or tomorrow morning. Two days' time will be required, it is thought to examine these witnesses. Commonwealth Won Point The commonwealth won a point when Circuit Judge Hall instructed the defense to confine itself to questions concerning specific convicts in endeavoring to draw out witnesses with regard to the liberty given convicts at the road camp near Dillon, not far from the scene of the murder. The defense will endeavor to bring out the movements of eight of the negro prisoners. One witness John Day, said Winnes was only about a quarter of a mile behind Miss Parsons as he followed her over Pine Mountain to the settlement schools, he judged, because the veterinarian passed between fifteen and thirty minutes after the teacher had gone over the trail past Day's cabin. Hamp Lewis, merchant and post master at Dillon, related the conversation between Dr. Winnes and Miss Parsons at the store; how Dr. Winnes offered his mule to the teacher and she refused, and how, when asked if he would give her his mule if he overtook her on the trail, the doctor replied" "Not unless she's crippled, I'll pass her on the fly." Mentioned Teacher Several Times William Browning, of Pine Mountain; Miss Kate Petit, one of the principals at the school, and two teachers, Misses Marguerite Butler of Cincinnati, and Nell E. Mann of Knoxville, testified at the night session of court that when Dr. Winnes arrived at the school he several times repeated the story of Miss Parson preceding him up the mountain. Attorney A.F. Byrd, assistant prosecutor, pointed to the various locations involved in the murder mystery, at last night's session, and the jurors and spectators craned their necks to follow, while Dr. Winnes sat with his family watching the proceedings as calmly as any in the courthouse. ______________________________