Walter McLendon Slayer of T. B. Greathouse - Pike Co., AL ----------------------------------------------------------------------- USGENWEB NOTICE: In keeping with the USGenWeb policy of providing free information on the Internet, this data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other gain. Copying of the files within by non-commercial individuals and libraries is encouraged. ALGenWeb File Manager - Lygia Dawkins Cutts ----------------------------------------------------------------------- Contributed by Carol Greathouse FEB 1999 Walter McLendon Slayer of T. B. Greathouse - Pike Co., AL (This article is about the trial of Walter MClendon who killed Thomas Benton "Ben" Greathouse born May 9, 1872 and died December 31, 1915.) Newspaper Article from The Ukiah Times Newspaper, Ukiah, California, Wednesday, March 15, 1916 MCLENDON GETS SEVEN YEARS IN SAN QUENTIN---PROBATION _________________________________________ SLAYER OF T. B. Greathouse Found Guilty of Manslaughter and Sentenced by Judge White Saturday Morning---Eleven Jurors and Many Citizens Sign Petition Asking That He be Admitted to Probation _________________________________________ Walter McClendon, who was tried in the local superior court for the killing of T. B. Greathouse on the evening of December 31, and found guilty of manslaughter, was sentenced last Saturday to serve seven years in San Quentin. Sentence was suspended, however, and MCClendon was given his liberty on probation. Robert Duncan, attorney for McClendon, made a motion for a new trial on several grounds, which was denied. He then made an able and earnest plea for probation, presenting two petitions, one signed by eleven of the jurymen who tried the case and another signed by some 200 local residents. Probation Officer Thomas, who was instructed by the court to investigate the case, recommended probation, which was not opposed by District Attorney McCowen. In pronouncing judgment Judge White said: As stated to you before you were charged by indictment with the crime of murder, and to that charge you entered plea of not guilty and went to trial by a selection of jurors of this county and you were found guilty of the offense of manslaughter. Now, I listened carefully to all the evidence in the case and I remember it all, too, and I want to say now that the Court was not entirely satisfied, and I pondered in my own mind whether or not the Court could have found you guilty if he had been a juror. I did not make up my mind on that question, but the jury did find you guilty of manslaughter. Now, there is one feature of the evidence that I do not remember to have been commented on that perhaps would strike most people more unfavorably than it did the Court. After the shooting you made the remark that "this was an old grudge, (can not read the next line) impression perhaps would be that the trouble itself and with you was an old grudge, that you did hold an old grudge, but I took it that you wouldn't have intimated that "I didn't hold it" and that "it was ann old grudge" if you had held any grudge against the deceased; that's the way I considered that. Still that was a very unfortunate remark generally. Now I, of course, have known your family, knew your father and your mother and your brothers. I knew your father fairly well and your mother very well, and I know the family into which you married very well--most of the members of it--and of course I don't see how anyone hardly could very well refuse, having lived in this community, to have signed the petition. The party that refused had a splendid and high sense of his civic duty in not signing. I suppose that I would have signed it. A strong argument addressed to this Court that calls for sympathy, that calls for mercy, the same time does not ask that justice be excluded, is your family. Now I want to say to you that no one can pursue the course that you have pursued to some extent without sooner or later getting into trouble. There are two things that do not go togetther and that is whiskey and habit of carrying a gun; they will bring anyone to trouble--one is pretty sure to do it---both of them is almost certain of it. Now, sir, under all the circumstances I have made up my mind to admit your probation. I realize that the (blank???) expects the Court to support it, to stand up for it, and I know that one of the objects of punishment, and I think the principal object; is not to punish the offender, but the protection of society, and the warning to others that they perhaps will be punished if they commit crimes. Of course I know a good deal about this offense, I know what the superiors did with reference to it, I know that three of them asked for your parole, eleven jurors, and I received a letter last night from the wife of the deceased asking that you be pemitted to parole. Now, sir, the judgment of the Court is that you are guilty of the crime of manslaughter as found by the jury and that you be punished by imprisonment in San Quentin for the period of seven years, and the Court is going to suspend the execution of that judgment and admit you to parole. And the condition of that parole are that you are not to touch intoxicating liquor of any kind during the period of seven years and I don't think you will; I don't think you ever will. You are not to go (blank???) at any time, any place or under any conditions. You will not drink whiskey, wine or any other intoxicating drink, and you will constantly warn your brothers against this offense. I believe they have largely contributed to this. You will not violate the laws of this country in any respect, and if you do--and be sure that you can not without this Court knowing it-- you will be recalled and your probation cancelled and the judgment executed; and remember, that if in any respect you ever violate them you will be punished by imprisonment for seven years. Now I believe that you will support your family. You have a fine family. You will be put in charge of the probation officer of the county all the time. You will report to him at least once every month and state what you are doing; of course you will be at home taking care of your family and not running around. The Ukiah Times Newspaper, March ??, 1916 RANCHER GUILTY OF MANSLAUGHTER Walter McClendon, rancher of Mendocino County has been convicted of manslaughter after trial for a charge of the murder of Ben Greathouse, formerly well known in this county, on New Year's Eve last, according to the Ukiah City Dispatch Democrat. McClendon was also known in this county. McClendon it is said, killed Greathouse when he overheard him make a remark that he would kill the man who was firing shots outside of his cabin. Greathouse is said to have reached for a gun at the rear of the cabin and then McClendon fired, killing Greathouse instantly.