ADAIR COUNTY NEWS
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The Murder of Deputy Jailer Marvin Conover, 1904 as reported in the Adair County News. This stark entry appears in the 1903-04 Adair County Vital Statistic Records: Marven M. Conover, white, 26, male, single, deputy jailer, died March 30, 1904; cause of death: "gun shot in making arrest;" born, resided & died Adair Co.; parents S.B.M. & Sarah J. Conover, both born Adair Co. * * * * * Unfortunately, there are no extant copies of the March 30, 1904 Adair County News, the edition which carried the first report of the attack on Mr. Conover. However, subsequent editions (eventually) imparted the salient information regarding his brtual murder. * * * * * Wednesday, April 6, 1904 (five entries) (no headline) There were seven persons arrested, charged with being implicated in the murder of Deputy Jailer, Marvin Conover. * * * Tom Burton and wife and Tom Burton's mother, charged with being implicated in the killing of Marvin Conover, were held over by Judge T.A. Murrell, last Saturday. There were four other persons before the Court, but there was no proof to hold them. * * * Burial of Marvin Conover The remains of Deputy Jailer Marvin Conover, who was murdered by Albert Burton, were interred upon the farm of Mr. John N. Murrell, one and [one] quarter miles from Columbia, last Thursday afternoon [March 31st]. About two hundred persons were present to pay their last respects to a young man who fell at the hands of an assassin while in the discharge of his duty as an officer. Burton, the murderer, has not yet been apprehended, though every step has been taken to bring about his arrest. The Governor had offered an award of $200, the County Judge $100 and Mr. J.K.P. Conover $50, making a total of $350. Albert Burton is about 23 or 24 years old, about 5 feet 6 or eight inches high, weighs about 155 or 160 pounds, large dark blue eyes, dark hair, long sharp nose, and when last seen wore a small sandy moustache. He eyes are keen, and he is an alert, quick motioned fellow. In walking he has a habit of throwing his head a little back, and walks slightly lame or like one leg might be a little shorter than the other. The above reward will be paid as stated, for his arrest and delivery into the jail at Columbia. * * * (no headline) Columbia was thrown into a state of excitement last Friday morning when a report reached town, conveyed by John White, that he had seen and talked to Albert Burton, who murdered Marvin Conover, near Ozark, five miles from town. A number of men armed with shotguns and revolvers, left immediately for the designated place, but it turned out Mr. White was mistaken; that it was another man that he met. * * * (no headline) Mr. S.B. Conover tenders his heartfelt thanks to the people in the Knifley section for their aid given his son and the kindness shown him in this sad occurrence. Everything was done in the power of those people. * * * * * Wednesday, April 13, 1904 (three entries) [The first two entries, found on pages two and three, respectively, were written before Burton's capture.] It is rumored that a man filling the description of Albert Burton, wanted in Adair county for the murder of officer Conover, crossed the river at Whetstone, Ky., going in the direction of Tennessee. [Almost certainly, this refers to the Whetstone community of Cumberland County, Ky.--ed.] * * * It begins to look like Albert Burton, who murdered Marvin Conover, has gone in a hole and pulled the hole in after him. * * * Burton Captured Albert Burton, who murdered Marvin Conover, has been captured. The arrest was made in Tennessee, and the arresting parties are now en route to Columbia with the fugitive. The party took dinner at Creelsboro this (Tuesday) and are expected to arrive here at 5 p.m. [This article appeared on page one of the News, an extraordinary event for a four-page country newspaper which depended heavily on boiler plate for pages one and four.--ed.] * * * * * Wednesday, April 20, 1904 (two entries) (no headline) There will be six murder cases to try at the term of the Adair County Court, beginning the third Monday in May. There will be more business than any court for years... Albert Burton and those charged with being implicated with him, in the murder of Marvin Conover, will be indicted immediately after the grand jury convenes, and there is no doubt but they will be given trials at the coming term. * * * (no headline) Immediately after Albert Burton, the murderer of Marvin Conover, was lodged in jail, a report gained circulation that the County Judge would call a special term of court and give him a trial without further delay, but such proceedings were not seriously considered, as the Adair circuit court, regular term, will begin the third Monday in next month. There was some talk of a mob before Burton was captured, but after he was lodged in jail every body seemed perfectly willing for the law to take its course. There is not the slightest apprehension that Burton will be disturbed b a mob. The good citizens of Adair county believe in upholding the law, and believe just punishment will be meted out to the murderer by a jury of twelve men. Burton attempted to run when the arresting parties came upon him and he was shot before he stopped, receiving a number of squirrel shot about his body and shoulder. He was not dangerously hurt, and the indications are he will be well by the time circuit court convenes. * * * * * Wednesday, May 4, 1904 (no headline) Albert Burton has about recovered from the wounds he received at the time he was captured. He will evidently be tried for the murder of Marvin Conover at the coming term of circuit court. * * * * * There are no extant copies of the May 11, 1904 News. * * * * * Wednesday, May 18, 1904 The grand jury is in session. The first work before the body will be the investigation into the killing of Marvin Conover by Albert Burton. An indictment will probably be returned this (Tuesday) afternoon and the case docketed for this term. * * * * * Wednesday, May 25, 1904 (no headline) The Burton trial is set to begin this (Tuesday) afternoon. A great many people are in town. It is our understanding that Burton stated to the Clinton county sheriff, when arrested,that if he had had another loaded shell he would have killed Bram Vaughan. That sheriff will be here to testify. * * * * * Wednesday, June 1, 1904 (four articles) (no headline; originally written as one long paragraph.) Not for many years has so much interest been manifested in this part of the state as was shown in the trial of Albert Burton last week for the killing of Marvin Conover, Deputy Jailer, about two months ago. The crime for which Burton was charged and the circumstances under which he committed it, as well as the good reputation of the young man who was killed, spread like a great conflagration over this part of the State immediately after it was done, and it was common to hear that he should be hung. Burton escaped from this county but within a short while was captured in Tennessee under the tracing of W.A. Dicken, Sheriff of Clinton county, Ky., who delivered him to the officials of this county badly wounded, and he has since been kept in a safe cell and closely guarded. The killing of a young man of good character, in the discharge of official duty, by one of bad reputation aroused the people of this section and when the trial was called the sentiment of the people had not abated, consequently, it was a hard task to secure a competent jury, but, this was done within two days. There were no fees for the lawyers on either side, the defendant being represented by M. Rey Yarberry, Rollin Hurt and F.R. Winfrey, all appointed by the court. The prosecution was solely in the hands of A.A. Huddleston, Commonwealth's Attorney, and James Garnett, Jr., County Attorney. The examination of witnesses begun Thursday and closed Friday afternoon. On Saturday morning Mr. Yarberry opened the argument in favor of the defendant in such language, logic and sentiment as is rarely heard in the initiative of the legal profession. Mr. Hurt followed in one of his masterful efforts, pleading for the defendant with all his powers, linking together the reasons why his neck should not be broken and when he concluded his argument it was conceded one of the strongest please ever made by him for the life of any man. Mr. James Garnett, Jr., followed Mr. Hurt, for the Commonwealth, and for more than an hour he unraveled the situation, reproduced the strongest points of evidence and demanded justice. Mr. Garnett never made a stronger argument in line with any case than was manifested in this, in which he felt the necessity of doing his whole duty. Mr. F.R. Winfrey followed Mr. Garnett and closed the argument for the prisoner in a speech of an hour's length. He made a strong, earnest plea for the extension of mercy, and showing that he was not requiant to the duty assigned him or unmindful of the fact that within the human breast sympathy is found. Mr. Huddleston, the Commonwealth's Attorney, devoted an hour and twenty minutes to the case, that marks him as one of the strongest prosecutors. His picking of the evidence and close track of all this witnesses, his fearful denunciation of the growth of crime, were the chief features of his speech and give it power. It was a trial of unusual interest, unusual effort, on short notice, and closes a chapter on crime and comment. The court-house was crowded from the beginning of the Burton trial until the last speech was made. * * * FOR LIFE __________ Albert Burton, Who Murdered Marvin Conover, Deputy Jailer, __________ Is to Serve in the State Penitentiary During His Natural Life For His Murderous Deed. __________ Five of the Jurors on First Ballot Were For the Death Penalty, But a Compromise Was Reached. __________ And Burton Will be Given an Opportunity to Atone for His Terrible Crime. __________ The Trial Lasted Four Days. __________ The trial of Albert Burton, who murdered Marvin Conover, Deputy Jailer of Adair county, was begun late in the afternoon Tuesday of last week and the concluding speech, made by Commonwealth's Attorney A.A. Huddleston, was finished at 5:30 p.m. last Saturday. The following gentlemen, citizens and housekeepers of Adair county, comprised the jury: Wood Paxton, A.J. Stotts, F.V. Franklin, Isaih Turner, E.F. Lindley, J.W. Moore, Asa Rediford, Herschel Janes, Andrew Petty, Same Roe, A. Stilts, [and] W.C. Williams. Up to the supper hour the jury failed to agree. The went to their hotel and at 7:00 filed into the court-house, going to their room. In the meantime hundreds of people gathered in the court-room, waiting to hear the verdict. Opinions on the outside differed as to the result of the deliberation, some believing the accused would be given the death penalty, others that the punishment would be life-time imprisonment. At 8:50 there was a knock on the door and the announcement was made that the jury had agreed and was ready to report. They were conducted in front of the Judge's stand and in a solemn manner the foreman read: "We the jury find the defendant guilty, as charged in the indictment, and fix his punishment at confinement in the penitentiary for life." Just before the jury filed into the court-room, Burton, the accused, became very nervous, and stated to a gentleman who was sitting near him, that he believed the jury would hang him. There is not a doubt but he was perfectly satisfied with the verdict. The crime is familiar to every body in this section of the State, hence it is unnecessary to go into all the details which led to the murder. The whole thing in a nutshell is this: Bram Vaughan, who is a Deputy Sheriff of Adair county, and Marvin Conover, who was a Deputy Jailer, went to the house of Tom Burton to arrest him on a capias profine. They got into the house, made the arrest, but before leaving, Albert Burton, who is a brother to Tom, came up and ordered his brother to come out of the house. Tom answered that he could not, for these devils are holding me. Albert then gave notice that he intended to kill both men when they came out. It was not day light, but as soon as day dawned the officers started out with Tom. Just as the got upon the outside Mr. Vaughan noticed that Albert was in the act of shooting. As quickly as he could, he raised his pistol and there were two shots almost at the same time, the load from Burton's gun striking Conover in the side and from the wound inflicted he died in about 24 hours. Burton escaped and was captured in Tennessee and delivered to the Jailer of Adair county. Burton is a man who was brought up in obscurity, he had neither friends nor money, but the Court appointed able attorneys to defend him--Messrs. Rollin Hurt, F.R. Winfrey and M. Rey Yarberry. These gentlemen, without fee, worked untiringly, showing that their zeal could not have bene greater had their client been a man of wealth and influence. All three made speeches, presenting their side in the best possibly light. The State was represented by Messrs. A.A. Huddleston and Jas. Garnett, Jr., who left nothing undone to bring about a conviction. These attorneys, like the ones for the defense, cannot reflect upon themselves for failing to do their duty. The verdict has been accepted by the dead man's father and brother, and the public generally seem to be satisfied. * * * (no headline) Albert Burton and Ade Willis, one convicted for a life term, the other to twenty years, were conveyed to Frankfort last Tuesday. A report was started that a mob was being organized to take Burton out of jail and hang him. We do no think there was any foundation for the report. * * * * * Wednesday, June 8, 1904 (no headline) Tom Burton, who was indicted for perjury, plead guilty last Thursday and was given one year in the pen. His brother, Albert, was landed there last week for life. * * * * * Wednesday, October 4, 1904 Fiscal Court The Adair Fiscal Court was in session Tuesday and Wednesday of last week, all the Justices being present... R.L. Smythe and Frank Winfrey were each allowed $6600 for guarding the jail while Albert Burton was confined therein. * * * * * Wednesday, June 5, 1918 (no headline) News has reached here that Albert Burton, who shot and killed Marvin Conover, who was a deputy jailer, fifteen [sic] years ago, and who was sent to the penitentiary for life, was recently parolled, and that he is now working on a farm in Franklin county, not far from Frankfort. The crime was wilful murder, and Burton should have remained behind the walls. * * * * * Additional information: Albert S. Burton was 25 years old at the time he shot Marvin Conover. He was born September 25, 1878, the son of Samuel E. & Mary E. (Burton) Burton and appeared in the 1900 Adair County census in the household with his widowed mother and five younger siblings, including the above-mentioned brother Tom, who was born August, 1880. The Kentucky death record index notes that Albert died in Marion Co., Ky., on January 18, 1933. Marvin Conover, the son of Samuel B. "S.B." & Sarah "Sallie" Conover, was 25, just short of 26, at the time he was murdered. The 1900 Adair County census gives his birth date as May, 1878. He was appointed Deputy Jailer some time after early January, 1902, when his uncle, Mr. J.K.P. "Polk" Conover, took office as Adair County Jailer. A more detailed account of Conover's murder and Burton's capture appears on pages 66-68 of Adair County historian Michael C. Watson's An Adair County, Kentucky History, Vol. 1 (2001). |