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. ______________________________ Middlesboro Daily News, Middlesboro, KY Jan. 28, 1921 Dr. Winnes Takes Stand After State Concludes Case Today Defendant Denies Connection With Murder of Miss Parsons and Scores Prosecution for What He Terms "Persecution of an Innocent Man" May Be on Stand Throughout the Day Harlan, Jan. 28 -- The Commonwealth concluded hearing of witnesses this morning at 10 o'clock and following a short recess Judge W.T. Davis began examining witnesses for the defense in the trial of Dr. Winnes, charged with the murder of Miss Lura Parsons, Pine Mountain Settlement school teacher, last September. Evidence submitted by the prosecution's witnesses this morning was along the line of that heard yesterday and added nothing additional to facts in the case. Following a short recess Dr. Winnes took the stand in his defense, denying that he was the guilty man and refuting testimony that the State hoped to use to convict him. The defendant will occupy the stand most of the day, it is thought. A large number of witnesses to be used by the defense has arrived from Jenkins, Cincinnati and Louisville. These are men who have known Dr. Winnes for years and will be used to attest to his character. State Delayed in Closing Case. In spite of efforts to rush to completion the evidence and with a night session failing to clear up all the testimony, the prosecution was unable to rest its case before noon today. The prosecution's evidence showed up yesterday by the appearance on the witness stand of Jerry Reed and Jim Robinson, negro convicts, who at the time of Miss Parsons' murder in September, were working from the prison camp at Dillon, near the Settlement school. Reed, who is still in the prison camp, appeared. He declared on the witness stand that Dr. Winnes had passed the prison camp between 1:30 and 2 o'clock on the day of the murder. Reed said at the time he was resting and reading a magazine. He asserted that Dr. Winnes asked if there was any danger in going up the mountain the way he was starting and that he told the veterinarian that the workmen were blasting and, while it would be possible for him to go in safety on foot, it would not be possible for him to continue in that direction on a mule which he was riding. Knew Time By Train. Reed said Dr. Winnes told him that he had been told that the mule would take him over the trail without any difficulty, but said that he had lost his way. On cross-examination Reed said that the way he knew the time of day was that a train, which passed at 1:30 had gone by. He did not have a watch. Reed said that in the morning from 11:30 o'clock until noon he had been running an air compressor under orders from the engineer. He said that about 12 o'clock he shut down the compressor and went to the camp to eat his dinner. Several others, including Robinson, he said, went ahead. He said he did not see Dr. Winnes at the camp. At about 12:50, he said, he went back and started the compressor again. While Reed was on the witness stand the defense produced the shoes, hat and clothes worn by Miss Parsons when her body was found on the trail. Negro Convict Nervous The convict showed nervousness on the stand at this time and other times during his testimony. The club with which Miss Parsons had been struck then was produced. Reed was made to grasp the club, showing to the jury how he would hold it if he were to strike anybody. Reed is left-handed. He drew back the club over his left shoulder. Counsel for the defense pointed out that the teacher had been struck on the right side of the head. Houston Holliday, another convict, was called and testified that he had seen Reed reading a book on the side of the road leading to the convicts' eating place, about noon, but declared that Reed did not come in for dinner as he was supposed to. He declared that Reed was not at the place when he and others returned from dinner. He did not see Dr. Winnes, Holliday said. Woman Known Here Testifies. Mrs. Ethel Zande, head of the Pine Mountain School; Miss Margaret Butler and Miss Pettit, among Mrs. Zandle's staff of teachers, told of Dr. Winnes' conduct on the day he arrived at the school and report that a woman was traveling on foot over the mountains from Dillon. His description, the witness said, fitted one of the teachers. He described her in detail, they testified, and among other things mentioned that she wore flat heel shoes. Creech thereupon was sent to search for her. Reed Superintendent Testifies. Rufus Wilson, assistant superintendent of road construction on Pine Mountain, in charge of the negroes at the convict camp at the time of the murder, admitted under cross examination he had told Sheriff Hunter that Jerry Reed was the only negro convict not accounted for at about the time Miss Parsons was killed. Efforts to show that he later had told the sheriff movements of another negro convict were in doubt were stopped by the court on objections of the state. Pineville Women Ask Justice Pineville, Jan. 28 -- Contribution to the Parsons fund was made this week by the Women's Club of Pineville to aid in the arrest and prosecution of the murderer of the Pine Mountain Settlement teacher. Resolutions were adopted by the club condemning the crime and demanding that the guilty person be apprehended and punished. __________________________ Middlesboro Daily News, Middlesboro, KY Jan. 29, 1921 Speedy Acquittal Of Dr. Winnes Is Predicted After Hearing Of Favorable Evidence Of Convicts Negroes Corroborate Statement Made On Stand by Defendant That He Was Not rinking (drinking) on Day of Murder of Teacher. Harlan, Jan. 29 -- Speedy acquittal of the defendant is predicted this afternoon as the result of testimony of convicts placed on the stand by the defense in the case of Dr. Winnes, on trial here, charged with the murder of Miss Lura Parsons, Pine Mountain Settlement School teacher. The convicts followed several character witnesses who testified after court convened, and they corroborated statements made by Dr. Winnes that he was not drinking on the day he traveled between Dillon and the Settlement school when Miss Parsons was murdered. While not indicating his guilt, the evidence of the convicts today is considered damaging to Reed, the negro convict being held in connection with the murder. Applause greeted favorable evidence for the defendant several times this morning, and Judge Davis notified the sheriff if this continued the courtroom should be cleared of spectators. It is barely possible the case will be given to the jury before the first of the week because of the dragging out of the evidence by witnesses for the defense. Dr. Winnes Takes Stand With the ease of a man not disturbed by a week's ordeal of listening to evidence of the prosecution, Dr. Winnes took the stand yesterday morning and denied complicity in the death of Miss Persons. The Commonwealth had closed its case with the presentation of two witnesses. The defense asked for peremptory instructions for acquittal, which the court overruled. There was no argument on this motion. Dr. Winnes told of his work as state veterinarian and his trip to Dillon, near here from which point he rode over the mountain on a mule to the Pine Mountain Settlement school to test cattle. "I did not notice Miss Parson on the train on the way to Dillon," he said. Describes Meeting with Teacher. "When I got off the train, I saw Miss Parsons on the platform and taking her to be a teacher by her dress, I asked her how many cattle there were at the school." Dr. Winnes said that he left from an hour to an hour and a half after Miss Parsons started to walk over Pine Mountain. He related his offer to her to rent a mule and her refusal. Winnes said he reached the school about three o'clock. "I recall saying to one of the teachers, I don't remember which, that I supposed the teacher who came over ahead of me must be pretty tired," Winnes testified. They told me: "We haven't seen anything of a teacher." Testimony Conflicts " 'Well,' I said, 'she told me she was coming over, but she may have changed her mind and gone somewhere else." The next morning at the breakfast table, Winnes said, he was asked if he had seen the teacher. "I answered 'no, I probably would not know her if I saw her.' " Winnes could not say who had asked him the question. In the previous testimony of the commonwealth, it was said by several witnesses that Winnes had not mentioned Miss Parsons to any one nor asked if she had arrived. Dr. Wines (sic) denied that he had said that anybody who walked over the mountain "ought to fall the cliff." Denies Use of Drugs. He said he was with Wilson Lewis when the search for the teacher was made, and slept at the Lewis' house. He said he asked Lewis jokingly what he had to drink. The doctor declared he had ceased drinking after he had entered the veterinary service of the State. He said he had never used dope. The defense pointed out that Dr. Winnes is right handed. The wound on Miss Parson's head was on the right side. At 4 o'clock Dr. Winnes testimony was completed. He did not change his previous story. General Michael Ryan, of Cincinnati, Abator Company, was placed on the stand next. He is 75 years old, an old armyman, and very positive in his testimony. A tilt with attorneys added interest to his appearance, and when he was released the crowd applauded. Judge Davis then threatened to clear the court. Character witnesses were allowed to testify at the night session last night. They are here at their own expense and an effort will be made to release them as soon as possible. Schools were dismissed at noon for the trial. The children all attempted to go to court and Judge Davis ordered that all under 17 years old should be excluded unless accompanied by their parents. Memorial To Be Raised To Murdered Teacher Frankfort. Jan. 27 - The County Superintendent's Association adopted a suggestion by Senator Hiram Brock that the organization raise a fund to erect a memorial to Miss Lura Parson, Pine Mountain Settlement school teacher, murdered on the Harlan Trail. Plans will be submitted at the next meeting. ______________________________ Middlesboro Daily News, Middlesboro, KY Feb. 5, 1921 Winnes Jury is Discharged; New Trial April 15th Bond Set At $5,000 -- Motion For Dismissal Denied By Judge Davis - Knives Drawn In Clash Of Jurors Harlan, Feb. 5 -- Judge W.T. Davis of the Circuit Court here late yesterday afternoon, discharged the jury, which after deliberating 85 hours was unable to agree on a verdict in the case of Dr. H.C. Winnes, former state veterinarian, charged with the murder of Miss Lura Parson, Pine Mountain Settlement School Teacher. Immediately after Judge Davis discharged the jury, counsel for the defense moved for the dismissal of the case, which was overruled. Judge Davis then set Winnes' trial before a new jury on April 15. He was allowed to give bond in the sum of $5,000, notwithstanding the fact that the commonwealth asked that it be placed at $10,000. A feature of the trial came after Judge Davis fixed the bond at $5,000. Within a minute the amount was raised by spectators in the courtroom at the time. The jury stood eleven for acquittal and one for conviction, as it was understood during the course of the trial. It is being circulated here that Mose Brewer, of the Clover Fork section, is the man who stood between Dr. Winnes and freedom from practically the beginning of the balloting in the jury room. Great interest has been aroused over the fact that Brewer is an uncle of Ernest Creech, a convict camp guard, and a witness at the trial. This interest lies chiefly in the fact that the defense sought to put the blame for the murder on negro convicts, who, it was claimed, at all times were allowed to roam at large over the mountain, and some of whom were working near the spot where the body of the teacher was found. Another feature of the case was a fight between two jurors because of the deliberations in the case. Knives were drawn in the courthouse, but a deputy sheriff rushed in and separated the combatants before any injury could be done. The fight occurred after Judge Davis had made a talk of half an hour to the jurors, and indicated that he would dismiss the jury if no verdict was reached by yesterday afternoon. Judge Davis asked the jurors what was the cause of the disagreement and the answer was that they "disagreed with each other." To prevent further trouble a deputy sheriff was put on guard in the jury room. ______________________________