Clay County AlArchives News.....Trial and Execution of Dock Powell January 23, 1942 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Linda Ayres http://www.genrecords.net/emailregistry/vols/00031.html#0007674 February 13, 2023, 1:59 am Ashland Progress January 23, 1942 Ashland Progress Oct 16, 1941: The little town of Ashland and surrounding community were thrown into a fever heat of excitement late Tuesday afternoon when the battered and ravished body of Miss Mary Webster Garrison was found behind the coal range in the basement kitchen of their home just one block north of the courthouse square. Miss Garrison was the daughter of Judge E. J. Garrison, former Circuit Court judge and also a former Judge of Probate for Clay County. Her stepmother made the gruesome discovery as she entered the kitchen to prepare the evening meal. Officers and physicians were summoned, and a glance disclosed the fact that one of the most heinous crimes in the history of the county had been committed. A local physician who examined the body stated that she had been struck a terrific blow across the nose and eyes and stabbed once in the breast with a long, thin- bladed knife. Either one of the wounds was termed sufficient to have caused her death. Investigation showed that early in the afternoon Miss Garrison had employed a negro named Doc Powell, to assist her in setting out some flowers and other plants. Suspicion was at once directed toward Powell and a number of men went to his home and found him changing shoes. He was brought to town and placed in jail, but as large groups of angry citizens assembled on the square, local officers quickly rushed the prisoner to a nearby county for safe keeping, as feeling was running high and mob violence was feared. The flower garden lies in the rear of the house and is some lower than the street level of the front entrance it is almost out of view of neighboring homes. A trail of blood for more than 100 feet leading from, the place, where the body was found in the kitchen to a point at, the side of the house indicates where the slayer had carried her body from the garden into the house. A bloodhound from a nearby convict camp was brought to the scene and is said to have trailed Powell from the Garrison home to the courthouse, to the negro's home and then down to a bridge at Haynes Branch where his tracks were seen. State Toxicologist W. H. Nixon, who came to Ashland from Auburn within a few hours, of the discovery of Miss Garrison's body, said his examination showed she had been criminally attacked. Nixon made a thorough examination of the body, the kitchen, the garden and the tools used there. He then went to Talladega where he examined the negro, taking specimens of stains from Powell's clothing and removing debris from beneath the negro's fingernails for laboratory examination. Nixon said laboratory study of the specimens would take "two or three days" to complete. On Wednesday morning Powell confessed to officers that he had a part in the crime, and implicated another negro, Babe Craig, also of Ashland. It is. reported that he told the sheriff's force that Craig struck the victim with a. brick and choked her, and that he (Powell). picked her up from the yard and carried her in the kitchen. He avers that the only motive he had was robbery, and that he had previously, planned to ransack the home in search of money. However, reports are that nothing in the house indicated that a search had been made for money. Powell also is said to have told officers that he washed the blood from his clothing and came up town afterwards, and that the crime was committed around 3 o'clock in the afternoon. The accused is reported to have made the statement that he had done enough to send him to the electric chair. Craig, who is also being held in jail in another county denies any part in the crime, and says he knows nothing at all about it. The report of the Toxicologist is expected to clear up several angles of the case of which the officers are still in doubt. Local court officials state that a special grand jury will be called to Convene the first of next week possibly Monday at which time they will investigate the case and if indictments are returned, the trial of the negroes will be held as early as possible, under the law, which is said to be not less than 20 days after indictment. Miss Garrison was a lady of strong character and was much admired by all who knew her. She had been in poor health for the past few years but in spite of her affliction she was always cheerful and concealed her suffering. She was the only daughter of Judge E. J. Garrison. She was in town in the early part of the afternoon, visiting several places, one of them being The Progress office, and was jolly and cheerful, little thinking that she would meet with foul play before the setting of the sun. Our Mountain Home Nov 19, 1941: Dock Powell, ginger-colored Clay County Negro, will be put to death by electrocution at Kilby Prison on January 2 for the assault-murder of Miss Mary Webster Garrison, daughter of an old and prominent family. A jury remained out 10 minutes early Monday night before returning the verdict after a trial of scrupulous fairness that will stand in the records as a tribute to Clay County's citizenship and to Circuit Judge W. W. Wallace of Columbiana, who presided. A group of State Highway Patrolmen under Sergeants Kelley Morgan and Joe Smelley took Powell and Albert Lee Craig, being tried Tuesday for the same offense, to Ashland and brought them back to Talladega Monday night. During the trial they were on duty with Sheriff Z. P. Jordan and the members of his staff to see to it that the rules of conduct laid down by Judge Wallace were followed to the letter. But no instance remotely, approaching disorderly conduct marred the trial. The air was charged with an electric under current of human emotions, but it was kept strictly under control by men and women who made it clearly evident that they wanted the law to take its course with Powell. The mere presence in the courtroom of Judge E. J. Garrison, the old and distinguished retired jurist who was the father of the murdered woman, was another major factor in the smoothness with which the trial ran its course. A former probate and circuit judge, he placed his trust completely at the law which he served faithfully and well during his active life. A courtly figure of tremendous self-control, he sat with his wife, the stepmother of Miss Mary Webster Garrison. He gave his testimony as to the finding of his daughter's broken body in a low but firm voice. Not until the jury came in with its decision did Judge Garrison show the slightest sign of faltering. The verdict had been read and the jurors had received the thanks of Judge Wallace when Judge Garrison walked to the bench and asked permission to speak to the 12 men. He fought for mastery of himself for several seconds. Then he spoke, brokenly, once lifting his head to stare for a long time toward the ceiling before he could go on. "It is very hard for me to say anything," Judge Garrison said, "but, gentlemen of the jury, my confidence in the fair-mindedness of Clay County juries has not been reversed". "No matter how long you live, you can hand down to your children and to your children's children the proud knowledge that you have this day quitted yourselves as men "May the blessings of Almighty God go with you, always." The taking of testimony in the case did not begin until the afternoon, the morning being spent in the qualification of jurors and the swearing of witnesses. The high point of the trial came when Powell took the stand as the only defense witness. He admitted going to the Garrison home with Craig with the intention of burglarizing it. He attempted to place full blame for the murder on his companion and said Craig forced, him at the point of a knife to attempt to assault Miss Garrison. "Do you want to say anything else, Dock?" Judge Wallace asked him as he reached the end of his story. "Yessuh, Jedge," the Negro replied. "I know I done wrong. I begs you and these othuh white folks to fo'give me. I begs you to spare my life dis time." He dropped his head and went quietly back to his seat, just in front of four stalwart patrolmen. The Negro listened intently as Judge Wallace charged the jury. When his mind caught the full implication or the possible sentence to which he had laid himself open by his crime, his head fell to the table before him, and he wept softly into a red bandanna handkerchief. The jurors went into the jury room just off the main courtroom. Within the space of a few minutes, they filed back with their verdict. Powell looked steadily at the judge as the verdict was read. His shoulders lifted and dropped in a long sigh. Again, he lowered his head to the table and wept. After a short delay, Powell was called up for the formal sentencing. Judge Wallace read to the darkey the prescribed form, legally informing the Negro that he will be taken to the state penitentiary, placed in the electric chair and be put to death by a current of electricity passing through his body. "I hope you'll get ready to die," the judge told him gently. "I is, Jedge," the Negro answered. "I'se done got right wid my Jesus. Dey can take my life, but dey can't take my soul. "I would like to tell all you-all whut knows de Lawd to pray fuh me." "I would like to send word to de colored people what knows de Lawd to pray fuh me." A few minutes later he was chained to Craig and on his way back to Talladega. As the officers, heavily armed, their equipment including, sub machine guns and gas guns, escorted the Negroes out of the courthouse, a large crowd of men and women had gathered. There was no outburst and the only motive appeared to be that of curiosity. Smoothly and efficiently, the officers loaded the Negroes into a car and started the trip, convoying cars running before and after the machine carrying the prisoners. Judge Wallace had ordered that every male entering the courtroom be searched and no spectators were permitted to enter after all seats had been filled. No weapons were found by the searching officers. Circuit Solicitor Arthur Hardegree opened the case and John Pruett, one of the attorneys named by the court to defend the Negro, announced that Powell wished to plea guilty. Judge Garrison, followed by Mrs. Garrison, told of finding the body in the kitchen of their home late on the afternoon of October 14. Other witnesses, neighbors and friends of the Garrison family, added links as to the fact that Miss Webster was working with the Negro in her flower garden on the afternoon of her death. Dr. Shack Gay testified as to examining the body and said that a stab wound in the heart caused the death. The condition of the body, he said, showed that an attack on Miss Garrison's person had been attempted. Dr. C. J. Rehling, laboratory head of the state toxicologist's department, testified that the nose had been broken, the head had been struck and that blood was oozing from the left ear of the body when he conducted an autopsy. The examination revealed an attempted criminal attack, Dr. Rehling said. He told of the stab wound and said that it caused the death of Miss Garrison. Dr. C. T. Brooks of the state toxicologist's office told how a hair taken from the lower limb of Miss Garrison was similar in every respect to a hair taken from Powell's body. Billy Burk, Talladega County deputy sheriff, told of a confession given to him voluntarily by Powell, soon after the Negro's arrest. He repeated in detail Powell's earlier story that he had told Craig to hit and stab Miss Garrison. Sheriff Jordan also told of a confession given to him by the Negro as did State Toxicologist H. W. Nixon. All of the officers testified that the confessions were given freely and voluntarily. There was a slight stir in the courtroom after the state had rested and Mr. Pruett put Powell on the stand. The Negro told of ending his work for Miss Garrison, of being paid and of going back to town, where he met Craig. He told of how they discussed the possibility of going somewhere to "git sum money," and of how he suggested the Garrison residence. "I tole him I had been wukkin' down at de Garrison's an dat I knew dey ought, to be sum money there," Powell testified. He said that once he attempted to back out of the project, but that the other Negro grabbed him by the sleeve and persuaded him to go along. Powell testified that they made an agreement to share equally in any money they might obtain, and said he told Craig that "I'ze been wukkin fuh huh, an' I will not face dat lady." Then he told of how Craig, from a crouched position, struck Miss Garrison with a large rock. "He hit hur an' choked huh," the Negro said. "I picked huh up. I taken huh inside. I laid huh down. I stepped back." Then he testified that the other Negro, with a knife in his hand, forced him to attempt assault. The Negro said he then searched the house, left and went back to the business section of Ashland. He said in his testimony from the stand that he did not see the blow with the knife which killed Miss Garrison. At the beginning of the trial, Judge Wallace asked the spectators for their cooperation. "There will be no outbursts, no whispering and no demonstrations of any sort," he said. "You will not be permitted to leave the courtroom during the course of the trial." At the day's end, he thanked those in the auditorium. "The court desires to thank everybody for the fine attitude which has. prevailed here today," he said. "It speaks well for Clay County." Ashland Progress Jan 22, 1942: Unless the unforeseen happens, and it is not expected to happen Doc Powell and Babe Craig, Negroes, will die in the electric chair at Kilby Prison shortly after midnight tonight. The Negroes were convicted at a penial term of Clay Circuit Court, held on November 17 and 18, for the murder of Miss Mary Webster Garrison, on the afternoon of Oct 14 at her home here. After their conviction the negroes were sentenced by Judge W. W. Wallace, presiding judge, to die in the chair on Jan. 2. Gov. Dixon gave them a respite until Jan. 23, pending the filing of a brief in the case, and a hearing by the Negroes, petitioning the Governor to commute their sentences to life imprisonment. The hearing is being held in Montgomery today and. on account of the brutality of the crime, and the fact that the criminals confessed, each to their part in the affair, it is not believed that the Governor will commute their sentences. After the Negroes were indicted by a called grand jury, they were held in the Talladega jail until their trial and conviction on Nov. 17, and immediately thereafter transferred to Kilby Prison to await the midnight hour tonight, and a few minutes afterward will pay with their lives for the crime which they were convicted. Miss Garrison, daughter of Judge E. J. Garrison was a member of one of the most prominent families in this section and when the mutilated body was found on the floor of the basement kitchen at the home feeling ran high, and after the Negroes were apprehended, they were quickly rushed to Talladega for safe keeping, However, no attempt at mob violence was evidenced either the night of the murder, or during the trial. Attorneys for the condemned men state that so far as they know no "outside" effort will be made by "foreign" lawyers to stay the executions, and they admit they have exhausted their power to save them from the chair." It is understood that the state will return the body after electrocution, to the home county of the person executed, at the request of the family of the deceased. Al Craig, father of Babe, stated to representative of the Progress that it was his intention to have the body of his son brought here for burial that is, if the executions take place tonight, which at this time seems very certain. The Montgomery Advertiser Jan 23, 1942: Dock Powell Clay County Negro, died in the electric chair at Kilby Prison shortly after midnight Friday morning, for the murder of Mary Webster Garrison last October. A few hours before he died, he had made a confession at the hearing in Gov. Dixon an office, which resulted in Albert Craig, another negro convicted as his companion in the crime, being snatched from the electric chair by executive decree. Powell was brought into the execution chamber and placed in the electric chair at 12:08 a.m. When asked the usual question as to whether he had any last words, he said: "Yes sir. Albert Craig was an innocent man," and followed with what appeared to be a slightly incoherent attempt to ask forgiveness of "the sweet Lord" and of Mrs. Garrison, mother of the dead girl, finishing with a prayer for all sinners. He was pronounced dead at 12:14. Both negroes had been sentenced to die for the murder of Miss Garrison, a particularly heinous crime. Gov. Dixon has not manifested much of a tendency to set aside death sentences, and the chances of either negro looked slim up to the time of the hearing Thursday. But, it developed, the Powell negro, according to his own statement and as a result of a religious service at Kilby Prison, had found consolation in religion in his last days and decided to "come clean." At the hearing he told Gov. Dixon that he had lied in incriminating Craig as a partner in the crime; that he had done this to try to save his own life; that Craig knew nothing about the crime and that he alone was guilty of the "cold- blooded murder." He asked forgiveness of Judge Garrison, father of the murdered woman, as he was led from the office. Craig, meanwhile, denied knowledge of the crime and said he had "confessed previously "because Dock and, them officers were beating me to death" in the jail at Talladega. After hearing the evidence, Gov. Dixon commuted to life imprisonment the death sentence of the Craig negro: "Because of the assumption of full guilt by Dock Powell" and "because of the obvious mental deficiency of Albert Craig." Ashland Progress Jan 29, 1942: Dock Powell, 27-year-old negro, went to his death in Alabama's electric chair shortly after midnight last Thursday night and paid with his life his part in the brutal murder of Miss Mary Webster Garrison in this city on the afternoon of October 14. However, the day before his execution Powell made a statement to the Governor in which he cleared a man wham he had previously contended was his murder accomplice. Prior to and during the trial, Powell confessed and implicated Albert Babe Craig, another Ashland negro, in the crime. Powell was arrested a short while after the murder was discovered and rushed to the Talladega Jail where he confessed to officers and brought Craig into the case aa being the real murderer. Craig was apprehended by local officers following Powell's confession, and he, too, was placed in the Talladega jail where they remained until their trial in November when they were tried separately, and both given the death penalty. A day or so after Craig's arrest he informed officers that he wanted to confess and when given a chance to do so, gave his version of the killing, implicating himself to such an extent that he convinced officials that he was as deeply involved in the murder as was Powell. Not even during the trial did Craig repudiate his jail confession, and the court meted out the death penalty for him, based principally upon his own confession. Powell's statement exonerating Craig, given at what was generally expected to be a routine clemency hearing last Thursday, came aa a distinct surprise to the governor, attorneys and law enforcement officers present Powell, however, stuck to his story assuming full and sole responsibility for the crime, through questioning by the chief executive, Asst. Atty. Gen. Chas. L. Rowe and Circuit Solicitor A. L. Hardegree. "I lied on him (Craig)," Powell told the Governor as spectators gasp- ed. "He had nothing to do with.it. I brought him into it because I thought it might save my own life." Powell stated that he had told several persons who had talked with him previous to the hearing that Craig was innocent. Craig told the governor he confessed to complicity in the crime out of fear, following a beating administered to him by Powell with a shoe while both were in jail awaiting trial. Following the hearing the Governor commuted Craig's sentence to life imprisonment and said Craig's death sentence was commuted because of the assumption of full guilt on the part of Dock Powell and because of the obvious mental deficiency of Albert Craig. Persons here in Ashland, who had known and worked Craig previous to the crime, were surprised when he confessed to having any part in it, and many expressed the opinion that he didn't have sense enough to plan any such crime as he confessed to. Since Powell took the blame for the whole affair upon himself, the general consensus of opinion here is that the Governor acted wisely in his decision to commute Craig's sentence to life imprisonment, and several who attended the trial have been heard to remark that had it not been for Craig's confession, there would not have been enough evidence sub mitted at the trial to convict him. Several local citizens attended the hearing before the Governor and two or more were present when Powell was executed. As no one claimed the body it was buried in the prison cemetery. File at: http://files.usgwarchives.net/al/clay/newspapers/trialand2001gnw.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 21.9 Kb